All articles by Tony Bingham – Page 9
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CommentAdjudication: The good book
We’ve had 475 judgments since adjudication first came in and it’s a very different beast today. So the second edition of Peter Coulson’s tome on the subject is a must-read
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CommentWhat’s the returns policy?
If you refer a case for adjudication but don’t like the look of the appointed adjudicator, can you send him packing and ask for another one?
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CommentThe new Construction Act: The daft draft
A lot of people say a clause in the new Construction Act approves the pre-dispute allocation of legal costs - the opposite of what was intended. Let’s get it sorted
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CommentThe Defective Premises Act: The hole truth
The lovely new home you just bought is covered by the Defective Premises Act if it’s a new dwelling. But if it’s a massive refurb job, you might find yourself in need of a spade
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CommentDamn the expense
The relationship between housebuilders and the NHBC generally works well. But sometimes the home warranty provider can be a bit gung-ho - and go way over the top on costs
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CommentIf the cap fits
A couple who tried to cap the costs in an oral ’cost plus’ contract have received short shrift from the Court of Appeal. Here’s why …
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CommentSmall domestic disputes often get out of hand
A small domestic building dispute begins with a niggle and ends up like the gunfight at the OK Corral – but costing thousands of pounds. The pity is, it’s all so unnecessary
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CommentHow the OFT went OTT
The penalties dished out by the OFT over cover pricing did more harm than the offence they sought to punish. Now the fines have been reduced by 90% and it’s time to move on
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CommentRetention cash: make me honest – but not yet
Almost everyone agrees that we should get rid of the practice of withholding retention cash. Even main contractors would be willing - if it wasn’t such a nice little earner
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CommentTwenty-eight day adjudication: the point and pitfalls
A little domestic case of an extended deadline outlines the point - and pitfalls - of 28-day adjudication
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CommentWhere's the justice?
Access to the courts is available to all, in theory. But if potential litigants are forced to mediate first, the costs become prohibitive, undermining our entire justice system
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CommentMichael Gove: The bad boy in school
The education secretary got his knuckles rapped for bad-temperedly tearing up the BSF rule book. But it won’t stop him getting his way
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CommentIf you want my advice …
A couple of part-time developers were relying on their QS’ advice. The trouble is, he didn’t advise them about a specification error that made the project turn a loss
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CommentParallel universe
The Construction Act should have been the death of pay when paid, but here’s a wheeze that tries to get round it. It goes like this: you lend me the money I owe you until I get paid
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CommentHow losers win
It truly is a topsy turvy world when some companies manage to profit from failing to win a bid for a contract. But that’s European regulations for you …
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CommentComing back for seconds
A first adjudicator’s decisions are a no-go area for a second adjudicator. But it’s open season on the bits that didn’t actually decide the dispute
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CommentThis is never going to work
Retention funds waste everybody’s time and achieve nothing of value. Here’s a case that shows, yet again, why we should ditch them
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CommentSlippery slopes: Honesty when compiling accounts
Have you ever been tempted to tweak the books a bit? Don’t. Read this cautionary tale aboout a developer who felt hard done by when his houses slid down the hill
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CommentA few of my favourite things
There are some good ideas coming out of the axe-wielding new management. One of the best is speeding up payments in the construction supply chain