All articles by Tony Bingham – Page 4
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CommentEveryone's a loser
The players in this case saw the chance to make a big profit. But unfortunately, when the banking crisis came and they fell out, it led to both sides having to shell out
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CommentExtension-of-time disputes
Assessing an extension-of-time dispute is tricky. Experts need to be able to transport themselves back to the time of the delay and take in the view from there
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CommentAmended standard forms: Just say no
‘Amended’ standard forms are a cunning ruse that use pages and pages of modifications to pile risk onto subbies. But why do they agree to sign them?
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentThe madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling …
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CommentThe sudden death clause
It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don’t worry, it all makes sense to lawyers …
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CommentArchitect standards: Wrap them up in cotton wool
When things went awry with the Wests’ riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them
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CommentArchitects Registration Board: Know your place
An architect has been struck off for getting into debt. But is this really ‘professional misconduct’ to anyone other than the Lord Snootys of the profession?
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CommentProfessional negligence dispute: On the rocks
When a judge blocked a £3m award to whisky maker Whyte Mackay, he questioned whether a professional negligence dispute should have come to adjudication at all
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CommentStop kicking up a fuss
The lawyers in this case raised a number of clever, interesting technical objections. Which were quite rightly dismissed. Let’s just stick to the facts, eh?
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CommentNEC3 contracts: The hole truth and nothing but
If only lawyers would get around to filling up the holes in the NEC3 contract
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CommentMaking a drama out of a crisis
Buildings and contents insurance is big business. But what happens when an insurer’s contractor’s subcontractor tries to get money from homeowners? In short, a bit of a mess
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CommentAdjudication: A 63 lever arch file problem
Doubtless you’d feel miffed to have to wade through huge files of material in just seven days so you can serve your response. But don’t expect a court judge to take pity on you
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CommentContempt of court: Jailhouse rock
Here’s a case that started out as a workaday adjudication case and ended up with one party trying to get the other banged up in prison for contempt of court
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CommentZennestrom's house
Here is a recent judgment that highlights the proper application of the 1972 Defective Premises Act, in a charming Bauhaus setting with a marina view
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CommentRecognising the principle of good faith
English law does not recognise the principle of good faith in contracts but now a High Court judge has said it’s about time that it does
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CommentHere’s one I made earlier
If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one’s decision?
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CommentNasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
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CommentReducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment