All articles by Tony Bingham – Page 6
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CommentChain full of weak links
Has Sir John Egan’s supply chain management agenda improved the industry? The winner of the JCT student essay competition thinks not
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CommentBeck vs UK Flooring: The right to remain silent
A recent case raises the question, how long must a letter of complaint stay unanswered before a dispute is inferred?
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CommentCalculating compensation
Here’s a case where homeowners took a builder to court for damages when cracks appeared in their homes. The question was how to calculate what compensation to pay
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CommentCIOB complex contract: Unpickupable
The new CIOB contract: Another standard contract that nobody will ever have the time or energy to read
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CommentThanks for the memories …
Firms are getting fidgety about the sensitive information that goes out the door when employees leave to work for rivals
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CommentAs the judge said to the lap dancer
Whether a site worker is self-employed or an employee is a debate that’s been bugging our industry for years. Parallels can be found in a case from a very different industry
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CommentSame case, two places at once
When the same case came before the TCC and an adjudicator at the same time, one party’s barrister politely asked the TCC judge to go away. Here’s what he decided to do instead
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CommentSupply-only deals: Beware your own small print
Supply-only deals don’t normally go to adjudication but here’s one that did largely because neither side had a clue what the terms of the contract said
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CommentWhen pay-when-certified goes wrong
Pay-when-certified is fine in theory, but it tends not to work if the date of completion is plucked from thin air
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CommentPoint West vs Mivan: Blast from the past
A dispute over who should cough up for the costs of making good defects to a penthouse hinged on a fundamental aspect of contract law: what did the contract originally intend?
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CommentQSs and performance bonds
A QS can go to great lengths to get a contractor to put a performance bond in place. But if the contractor won’t pay for the bond, why blame the QS when the proverbial hits the fan?
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CommentConstruction Act payment rules: Why the scheme works a dream
The Construction Act’s payment rules have baffled many a great mind - but all you have to do is follow the ‘Scheme’…
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CommentTony Bingham: Disputes before payment date
Here’s a recent dispute over payment that was deemed to have crystallised even though the payment date had not been reached
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CommentBest endeavours clauses: When your 'best' is put to the test
Best endeavours clauses sound fair enough until the contractor finds that sticking to them could leave it out of pocket
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CommentWhen judges let rip: Obliterated by obsession
The amusingly acerbic judgment from a Canadian case offers a darker reminder of what happens when reason fails
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CommentThe bad side of good faith clauses
‘Good faith’ clauses might sound like a bit of modern touchy-feeliness, but they carry a real sting if you fail to heed them
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Comment20 years in dispute: The antique road show
Nothing moves as slowly as the law - a dispute dating from 1991 is back in court and the arguments haven’t moved on an inch. Unlike the costs
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CommentLegal professional privilege: Careful who you trust
Your dealings with a consultant are only secret if that consultant is a solicitor or barrister - whether you like it or not
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CommentWhy Network Rail is playing fair
Network Rail hasn’t had to bully firms into signing its payment charter, for the simple reason that it’s in their interests too
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CommentConstruction Law, by Julian Bailey: A little light reading
New tomes on construction law and Scottish arbitration are well worth picking up - if your back can take it