All articles by Tony Bingham – Page 13
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CommentA night to regret
What happened to my mate Trevor after the Christmas party? He seemed so chatty, so relaxed. And a few hours later he was banged up in a police cell …
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CommentDrop the dead duck
A collapsed roof at a superstore started a chain of events that demonstrates the foolishness of risking indemnity costs when a claim looks certain to fail
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CommentStory time is over
It’s time to stop the lying in adjudication and arbitration. Let’s attach a ‘statement of truth’ to referral or response papers, and make clients and lawyers sign it
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CommentPrivate prejudice
You may be aware of the extraordinary case of CWS vs ICL, and if so, you probably have one overriding question: what on earth was going on in the judge's mind?
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On the home front
TV makeover shows have their place, but the latest pushes the boundary between fix-up and serious building – which puts it into the legal danger zone
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More cherry, anyone?
If you take a dispute to adjudication and lose, can you go for a second bite? The answer is that you can't adjudicate a dispute twice – except when you can …
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Word domination
Global claims have as much chance as getting 'archaeology' on three triple word squares. But is this true? A recent case suggests it might not be so cut and dried
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Ours not to reason why
If you're an 'expert determiner' and choose to go your own sweet way rather than obey instructions, then don't. Your decision is likely to be set aside
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You'll pay for this
If an adjudicator decides against you, you'll feel a little sore. You may even refuse to give them their fees. But, sadly, you'll find it difficult to get a court to back you
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A spot of bovver
A High Court judge gave an arbitrator an earful and the boot for being so incompetent. But the arbitrator was still not liable for the costs of removing him
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Watch the small print
Buried in a footnote of JCT 98 is jumbo-size trap: if your dispute goes to court, the case has to be fought as if no adjudication took place. Tread carefully
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Dinky is the new big
A new short form of subcontract is so small a plasterer will be able to keep it in his back pocket – and it's so simple, there's even a chance he'll understand it
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Oh, for a bucket of water
The Fire Precautions Act is a poorly-written piece of poppycock that puts a whole lot of people in a whole lot of danger. It should be sent back to parliament
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Creative contracts
For expert services to fall within the Construction Act, they must be to do with construction operations, and if they are not, then you should pretend that they are
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We'll all be losers
The Construction Industry Board thinks each side should pay its own costs in adjudication. This is all wrong and could even result in more cases ending up in court
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Fuzzy logic
How far should consultants' drawings go in telling builders how to do their job? In theory a long way; in practice there's many a slip 'twixt cup and lip
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Do what you do
Fish swim, birds fly, dogs bark and politicians lie. Similarly, lawyers have a duty to fight a hopeless case, even if they know they will lose. But they can't lie
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You've been warned
Tony Bingham - When a subcontractor carries out your instructions and things go wrong, can you complain that it should have told you about the risks and dangers?
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Eek a mouse!
Process engineering work falls outside the scope of the Construction Act, so adjudicators would have no jurisdiction in a dispute involving process giant ABB – or would they?
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Raising some interest
Late payment has traditionally been a fault of construction's big boys. But new legislation means that smaller firms will have to make sure they pay their bills on time, or else incur the penalty.