All articles by Tony Bingham – Page 12
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NewsWhat ever will we do without the Poles?
News that Polish workers are returning home is a blow to construction. What we need now is a brilliant plan to improve home-grown talent...
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CommentA diamond among the coal
The 48 pages of the Fair Payment Charter are largely made up of statements of the bleedin’ obvious worked up by some marketing wizard – but that project bank accounts idea is a real corker
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CommentThere is no alternative
It is tempting to pronounce that lawyers should stay out of adjudication and let construction types untangle disputes. But too many arguments can be decided fairly only with specialist legal expertise
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CommentThe battle of Easingwold
Margaret Tomlinson wanted an extension for her terraced home. Okay, said the builder, that will be £19,500, please. It was downhill all the way after that, ending up in a trial that lasted six-and-a-half days…
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CommentJCT sleeps with the fishes
Standard forms are supposed to make things easy, but that wasn’t exactly the builder’s experience in Reinwood vs Brown. Maybe it’s time the whole lot were taken for a ride …
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CommentNobody’s forcing you to do it
The Construction Act deals a knock-out blow to adjudicators who try to hold on to the award until they get paid. But if the parties don’t like that rule, they don’t have to adjudicate at all
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NewsIf you're going to be wrong at least wear clean underwear
If you decide on becoming an arbitrator a trip to Marks & Spencer is vital says Tony Bingham
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CommentBully beef
Did you see any of the BBC TV drama Life on Mars? Sam Tyler, modern day detective, was accidentally catapulted back to 1973, in the same job and surrounded by Sweeney-style coppers of 35 years ago.
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CommentBinghams blog
Tony Bingham has been released into the ether, with a regular blog on Building’s website. Here’s a taster on that big bugbear, small print ...
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CommentIt’s different this time
Adjudication is about deciding the ‘now dispute’ and moving on. But it’s not always so simple. In this case, a firm beefed up its arguments and came back for round two
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CommentBitter fighting on the home front
Forget road rage – it’s during disputes between homeowners and builders that the claws really come out. Fortunately, there is a way to make sure that this doesn’t happen
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CommentErrors of judgment
Tony Bingham Half a dozen Appeal Court judges have recently gone on the record to explain what adjudicaton is all about. What a pity they all got it wrong...
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CommentDon’t poke lions
Tony Bingham Composite companies hold out the promise of tax savings for the self-employed, so of course they are popular – just make sure you understand how they work so you don’t provoke the taxman
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CommentThe pursuit of truth
Why has a tiny dispute about windows ended up at the Appeal Court? Because one party had a major allegation - that key facts were witheld at the first trial
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CommentJudging the judges
There's no doubt that as decision-makers TCC judges are a class act, but will that make them good mediators? The Chartered Institute of Arbitrators thinks not
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CommentNil desperandum
If a contractor's request for more time is knocked back, it is free to try again on different grounds - a principle that also applies to so-called ‘open' adjudications
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Comment
The greater good
The treatment of Sir Roy Meadows, the paediatrician who gave evidence in the case of Sally Clarke, raises larger issues about how we protect the judicial process
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CommentLet us examine the facts
We have to suspend disbelief when watching TV heart-throb Judge John Deed hand out justice from the bench - but in the jury room he's very convincing
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CommentBeware of mental wizards
The courts have just slapped down an adjudicator who based a decision on his own views not the arguments presented. Now, why is that such a rare event?
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CommentJust don't do it
Adjudicators who try to dig up supporting evidence where it is lacking are committing a grave error - and playing into the hands of their detractors