All articles by Tony Bingham – Page 11
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CommentNever mind the counter claims
If I owe you £20 and you owe me £10, can I ask an adjudicator to ignore my debt and make you pay up? This eternal problem has just been tackled once again by the courts
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CommentThe people vs BP
The oil spill in the Gulf of Mexico is said to have harmed the livelihoods of at least 37,000 Americans. Most will claim compensation. How on earth is that going to be possible?
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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CommentJudges in their own cause
Architects are always unbiased and even-handed when awarding extensions of time under usual forms of contract. Except, of course, when the reason is their own negligence
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CommentThe death penalty
If a company’s negligence leads to loss of life, can it be given a lenient fine if a larger one would ruin it? Here’s what the Court of Appeal said about a recent case in Scotland
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CommentSimple game, tricky rules
Here’s a conundrum for you: What happens if part of a contract is within an adjudicator’s jurisdiction and part is outside? And if a decision is made on all of it, is it enforceable?
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Comment
All things considered
Adjudicators have it drummed into them that they should decide the dispute in the notice of adjudication. Here’s a case that shows there is some room for flexibility
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CommentMatch of the day: Mott MacDonald vs Multiplex
Mott MacDonald vs Multiplex is a game of two halves – first there’s the disputing, then there’s coughing up the legal costs. Alas, these are so high, neither wants to call it a draw
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CommentThe use of weapons: Throwing in brand new arguments
Sounds like a pretty basic question, but what can the assaulted party in an adjudication do in its defence? Can it, for example, throw the kitchen sink at its tormentor?
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CommentTell them a bedtime story: Public sector tendering
If you’re a public authority inviting tenders, you should treat bidders like small children, eager to learn how you will judge them – and for heaven’s sake make sure they do learn
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CommentThe dance of debt: Costs of dispute
Some folk will perform the litigation tango over trifling disputes, and lose vast sums in the process. But at least they teach us a few new things about the law…
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CommentThe bold and the bankers: Review of 2008
The year gone was notable for the rewarding of bravery, financial fraud and the death of an old friend
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FeaturesWhen cheap and cheerful turns nasty
Beware your duty of care when recommending the cheapest contractor, warns Tony Bingham
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CommentCivil Engineering vs VGC Construction: Did you hear the one about…?
… the subcontractor who put in a claim for £300k with no supporting evidence? Well the parties ended up telling it to the judge, who supplied a rather surprising punch line
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CommentFramework contracts: The people vs Camden council
Government agencies are encouraging local authorities to adopt strategic procurement arrangements but the courts are taking a dim view of them
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CommentExpert determination: Oi, Brünnhilde, you’re on
Overturning a decision made by an expert in a dispute-deciding ‘expert determination’ is like trying to roll a fat lady up a hill while singing Siegfried – well, anyway, terribly hard
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CommentLiving in sin: Haden Young vs Laing O'Rourke Midlands
The dangers of contractor and subcontractor co-habiting out of wedlock were highlighted when Hayden Young went to work for Laing O’Rourke on Coventry City’s Ricoh arena
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CommentMe and my pod
The podcast was fun. First of its kind here at Building. Rudi Klein and yours truly were interviewed by Building’s ace interviewer, Chloë McCulloch, about the government’s changes to payment rules.
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CommentThat bubble, reputation
What happened at BAE should have us all thinking about not just the legality of what we do but the morality. Our good names can so easily be damaged, even lost
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CommentDon’t get your knickers in a twist
In its enthusiasm to paint our industry as a bunch of dodgy operators, the Office of Fair Trading has got the whole cover pricing and bid rigging business mixed up