All articles by Tony Bingham – Page 12
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CommentGetting arise out of a challenge
An arbitration case might offer a way forward for the courts when asked to decide whether ‘arising under’ or ‘in connection with’ best applies to a jurisdiction challenge under the Construction Act
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News
Rules are for the breaking
An innocent looking bakewell tart brings out the rebellious side in Building's star blogger
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CommentKeep it together
Judges often have to ‘unwind’ adjudicators’ decisions to rule on them. When they do, they must consider the whole decision, not just the bit one side wants them to, as this Scottish case shows
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NewsSex and subbies
There’s nothing more annoying than builders and subbies who just don’t turn up. Especially when they get distracted by a sex shop on the way to your house.
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CommentSex and subbies
There’s nothing more annoying than builders and subbies who just don’t turn up. Especially when they get distracted by a sex shop on the way to your house.
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CommentBoth ends against the middle
Tony Bingham Is it the dispute decider’s job to pick one of the warring parties’ positions and declare it the right one? Or can they come up with a solution that neither party argued for?
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NewsA bed of thorns
If you were the victim of a bed delivery mix-up would you remain sanguine or serve a writ? Our legal columnist considers the options and sees parallels in the construction industry
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CommentA modest proposal
Tony Bingham Rather than trying to sort out disputes when they occur, wouldn’t it be easier to just write clear and fair contracts so that rows don’t occur in the first place?
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CommentWriting wrongs
Just about any legal issue depends to some extent on the definition of terms – and definitions depend on who wins an argument in front of a judge. Take the vexed and exasperating question of ‘contracts in writing’
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NewsAlways read the small print
Terms & Conditions may not 'protect you, the customer', says Tony Bingham, in fact they can be packed with limitations
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CommentA difference of emphasis
Letters of intent are paved with good intentions, but can trigger endless legal manoeuvres. A joyous time for lawyers but for nobody else. Here the couple to fall out were Skanska and supermarket chain Somerfield
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CommentEnd this travesty
In these topsy-turvey times subbies think they’re designers, QSs act like lawyers and architects let builders specify. Wouldn’t it be refreshing if we stuck to our job descriptions in 2007?
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CommentSanta’s book collection
If you’re buying Christmas gifts for an architect, main contractor, subbie, lawyer or adjudicator, then we’ve got the perfect books for them
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CommentPlaying their silly games
A court applied the law correctly when it quashed an adjudication decision that broke the rules. But perhaps it’s the rules, not the decision, that should be overturned
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CommentThreatening behaviour
Expert witnesses are immune from being sued for anything said or done in legal proceedings. One judge wanted to extend this principle, but the Court of Appeal disagreed
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CommentMake time wasters pay
At the moment there is no bill for court costs but action needs to be taken against defendants who insist on playing silly games and pile up court costs on the way
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CommentThe times they have a-changed
Tony Bingham It used to be seen as bad form to adjudicate negligence claims against professional gentlemen. On the other hand, that does seem to be what parliament intended...
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CommentDances with gorillas
The ODA manifesto for building the 2012 Olympics talks about delivering on time, to a tight budget.But if that is to be done, novel ways of thinking are needed
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CommentWhat rights does a tree have?
If a neighbour’s tree is damaging your property you have a right to remedy the situation by chopping it down. Except if it belongs to the council, in which case it’s a lot trickier