All articles by Tony Bingham – Page 14
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Going for goal
Back in 1987, a company employed a contractor to build an office block. For the past decade, they have been in constant litigation. They've already had one shoot-out in the Lords and it's not over yet.
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False sense of security
For owners of new homes, the NHBC guarantee and insurance offer are reassuring – but what if it later transpires that they were issued by a builder who had no right to do so?
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Sort it out yourself
A protocol for construction and civil engineering disputes has just been introduced, and it does everything to stop you getting into court short of hiding the judges. But will it work?
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The final straw
Your chances of overturning a final settlement once it has been signed are pretty limited, particularly if you’re seeking adjudication in a dispute that is not directly related to the contract.
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Time is not on your side
If an adjudicator awards a builder a given sum for work that is subsequently shown to be defective, is the client within its rights to knock off a certain amount to compensate?
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Careful what you ask for
When the Lowry Centre tried to escape the clutches of the Construction Act by backdating the contract, the adjudicator refused to go away. One party cannot rob another of its statutory right to adjudication.
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Get back on the field, ref
The adjudicator’s word is law, as our latest case report shows. Even if he makes an obvious clerical slip-up he is entitled to correct his mistake if he does so within a reasonable time.
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The politics of trust
As this year’s winners of the Hudson Prize demonstrate, it is well worth exploring the subtleties of special relationships if you need to tackle subcontractor problems or partnering difficulties.
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Whose pocket are you in?
Two recent cases have demonstrated how important impartiality is to judges, arbitrators and expert witnesses. Even a very remote connection can be enough to get them thrown off a case.
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Double exposure?
You can’t pursue the same case in two tribunals at the same time, but if you have litigation or arbitration under way, you can still refer it to adjudication to get a quick, interim decision.
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Strewth! Oz gets tough
Cowboy builders in Australia will be chopped off at the knees by legislation that’s far more hardline than ours. In New South Wales, firms face blacklists, huge fines and even prison if they transgress.
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Wading into a sea of risk
What do you do if someone you’re working with suddenly sinks without trace? Well, if you’ve read Richard Davis’ book on insolvency you’ll already know. Plus a guide to the courts and the latest on adjudication.
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Fiddlers on the hoof
Floating in from Europe is a piece of legislation that promises to bring an end to the little — and not so little — swindles that have been going on between competitors. And the penalties are draconian.
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Right, for wrong reasons
An adjudicator thought settling a “repudiation of contract” dispute was beyond his jurisdiction. He was wrong, but the court enforced his decision for another reason…
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Morrison’s ripe banana
This is the latest dispatch from the battlefield that is adjudication enforcement. Morrison, back before the beak for a second time, tried to argue that there wasn’t even a dispute. Which brings us to bananas …
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Was it Bill or was it Ben?
If housebuilding ends up wonky, who’s to blame? The person who takes on the work, of course. But just who is that? The main contractor, the subcontractor, the builder, the architect or the surveyor?
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Inflated claims?
An adjudicator decided he had the authority to referee a compromise agreement. One of the parties disagreed and refused to abide by the adjudicator’s decision. So what next?
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Lawyers' love letters
"Letters of intent" are there to get the works started while the contract gets sorted out. But if things go wrong before that happens, all sorts of wonderful things can happen. Wonderful for lawyers, that is.
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Bring on the accolades
There are prizes for everything these days, so why not for law publications that help us understand all the rules and regulations bearing down on us?
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The recognitions
Every year, the CIOB throws a bash to hand out its Building Manager of the Year award. This year's winner says his prize has lots to do with good buildings, and less to do with JCT contracts.