All articles by Tony Bingham – Page 9
-
CommentIt’s a lads thing: liquidated and ascertained damages
Even when liquidated and ascertained damages are totally fair, they may seem like a contractor’s worst enemy – here’s an example why …
-
CommentAll over bar the shooting: Frameworks
What better way to work, you say, than a lovely, co-operative framework deal? Fine. Just don’t expect it to be bloodless, painless, dispute-less or litigation-free
-
CommentShall I stay or shall I go?: Bad payment
A case of bad paying has to be very severe for you to justify packing your bags. Have faith – here’s an example of a client having to remedy its wrongdoings
-
CommentGetting paid: If the mountain won't come...
Here’s a clever way of getting your claim paid: go straight to those who owe the payer money. Unfortunately, it can be a little tricky to navigate
-
CommentThere once was an ugly duckling
If your adjudication claim’s feathers are all tattered and torn, it ought to fail. But what if your kindly adjudicator decides that it might turn into a swan later on?
-
CommentThe day I got a kick in the pants: The differences between adjudication and litigation
Here’s a case that should lift us up by the scruff of the neck and wring any idea out of us that adjudication is the same as litigation. It isn’t – and that’s precisely why it’s so good
-
CommentWembley stadium: Grudge match
The Multiplex vs Cleveland Bridge dispute is an example of what happens when a case gets overtaken by blind emotion: both sides lose a lot of money they could have kept
-
CommentDinmore vs Treasure: Jumpers!
Some people chomp at the bit to get their case to court. Here’s the case of a construction company that went three times and won them all – but at what cost
-
CommentConstruction Act payment rules: Unspeakable
One problem that has bedevilled the Construction Act’s payment rules is finding a few simple sentences that explain what they actually are …
-
CommentCEDR adjudicators: Fast relief for aches and pain
Here’s a new cure for those heated disputes: wait until adjudication comes to an end, don’t tell the parties who’s won what, then ask if they fancy a bit of mediation. Hey, it works
-
CommentBy personal appointment: Makers v Camden
When a company in a dispute suggested a particular adjudicator be appointed to its case, the other party was incensed. Here’s what happened …
-
CommentSo you want to be a judge, eh?
Here’s the strange case of the bullock that burned down a house – and presented a judge with a prize conundrum. This is how he went about solving it
-
CommentDraft Construction Bill: I’m amphibious about it
The reform of the Construction Act will probably right some obvious wrongs, but why couldn’t it have been written in plain English? Take the payment rules for instance …
-
CommentLet’s ditch the training levy
The ConstructionSkills levy is making enemies and criminals out of contractors and not getting much training done either. There must be a better way …
-
CommentVictorious losers
EU rules insist that public contracts be run in a fair and open way. So, if you miss out, and you think the client wasn’t fair, you can ask a court for damages. A lot of damages …
-
CommentOlympic hopeful
Never trust an Olympic Delivery Authority until you can see the white of its balance sheet. On the strength of this, Tony Bingham is quite encouraged, actually
-
CommentMisery: Crest Nicholson vs Mr & Mrs Western
So you buy a new house, find some flaws, get nowhere with the builder and go to arbitration. At which point your troubles really begin …
-
CommentYoghurt in a pea soup
Guess what? We’ve got another case in which the parties started work on the basis of a letter of intent. The slight difference in this case is that it concerns Müller twin pots
-
CommentRICS consultancy form: On surprisingly good form
The new crop of RICS standard contract are about to make quantity surveyors’ lives a lot easier
-
CommentAre you listening?
Put four fabulous speakers in a room and get some of the country’s top adjudicators to sit down in front of them. The result is a fascinating conference we can all learn from