All articles by Tony Bingham – Page 5
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CommentAdjudication: The Jitter Bug
Can the loser of an adjudication refuse to pay if they’re nervous the money may disappear – never to be seen again – into the winner’s debt pile?
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CommentShard wars
A top team of construction folk was assembled to build London’s iconic building, but a Dispute Adjudication Board might have prevented a 12-day High Court bust-up
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CommentHow to force your adversary to reveal all
Crushed by claim files and in fear of the adjudicator? Just hope you remembered to include a contract clause that will force your adversary to reveal all
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CommentSustainability: Do the 'decent' thing
‘Championing sustainability’ sounds like a lot of boring corporate good intentions. But apparently it entails treating your clients and colleagues with respect
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CommentFeeding frenzy
Adjudication today is a far cry from what parliament envisaged but there’s no question it’s working well for the disputomaniacs who earn their crust from it
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CommentWhy an adjudicator can't change his mind
An adjudicator decides a dispute but on a second adjudication changes his mind and reverses his earlier decision. Only human, you might think - but totally against the rules
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CommentMediation is for consenting adults
You can’t bully people into mediation. Both parties must have a genuine desire to settle the dispute. And that’s one of the reasons why, in construction, it has never really taken off
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CommentPC Harrington vs Systech: Fair game
Disputants and learned judges please note: adjudication is a rough and ready process that isn’t always fair. That might seem tough but it’s just what parliament intended
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CommentPC Harrington vs Systech: Wrong call
Even if the decision an adjudicator reaches is unenforceable, they should still get paid. But that’s just my opinion. The Court of Appeal clearly thinks differently …
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CommentLitigation: Shedding the pounds
An alternative to litigation for a fraction of the price - bad news only for lawyers
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CommentStandard form contracts: What the papers say
Time was there were just two standard form contracts – now there are umpteen of them. It makes no difference because they all get amended beyond recognition
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CommentAd-hoc adjudication: Cheque mate
An adjudicator decided that two parties had entered into an ad-hoc adjudication by dint of having paid his – rather hefty – fees upfront. But the TCC had other ideas
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CommentReturn of the Judge: Lord Dyson
Few people have had greater influence over construction disputes than Lord Dyson, presiding judge of the TCC from 1998 to 2001. Now he’s been made Master of the Rolls
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CommentContesting an arbitration award
If you are going to contest an arbitration award, it is important to be aware of the 28-day time limit - and when those 28 days begin …
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CommentLitigation: Winning isn’t everything
The successful party in litigation used to nearly always get their costs paid by the loser. How things have changed…
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CommentAdjudication: Pack up your troubles in your old kit bag
Adjudication is supposed to be a quick-fix solution at a reduced cost. Down in the trenches, however, the parties are expecting a judge-like quality of reasoning to resolve their disputes
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CommentDispute Adjudication Boards: A DAB hand
The RICS has decided to champion the dispute adjudication board system used for the Olympics. But DABs have been in use for a while elsewhere in the world - and for good reason
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CommentFifty shades of liability contract
A dispute about the extent of liability for a fire at a popcorn factory was largely to do with the terms of the contract - just like Fifty Shades of Grey
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CommentBlown out of all proportion
The OFT sent a message to the industry by enforcing huge fines over cover pricing. A simple warning would have been enough
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CommentLetters of intent: I demand to see the manager
What happens if a client can’t make a claim against its contractor because the contract was signed too late? Well in this case, it’s the project manager who gets it in the neck instead