All articles by Tony Bingham – Page 14
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CommentStop right there
The Wembley judgment contains all the rough and tumble we expect from a good old construction dust-up, and some pertinent lessons for the 2012 Olympics organisers
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NewsOn the move without a mobile
Building's star columnist is on a train to Cardiff to give a legal lecture, but damn, he's left his mobile behind. Thankfully a kindly trolley lady stepped in and saved the day.
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CommentThe correct use of courts
The legal system would work a lot better if it were used as a last chance to settle disputes, rather than a blunt instrument to beat, baffle and bore one's enemy into submission
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CommentVolunteers? You and you
The English court system has got into the habit of frogmarching would-be litigants to mediation, and this is damaging the reputation of the judges and mediators
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CommentYou'll do …
The subbie that designed and built some duff football pitches in Scotland wisely went out of business before it could be sued. But what about the architect?
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CommentAn American ambush
The Americans call it sandbagging, we call it ambushing but either way it's an annoying and counterproductive way of trying to straighten out a problem
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CommentThe quiet Americans
The Americans are in Hungary to spread the good news about dispute resolution boards. But their approach is no match for the power of adjudication …
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CommentStop right there
Imagine a world where it's possible to spot disputes before they happen. Impossible? Not if you believe in FIDIC's new superhuman dispute boards
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CommentTax and spend
The public doesn't really know what a section 106 agreement is. If it did there'd be trouble, especially now it is used for all manner of community largesse
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CommentWas Ellis right on Wallis?
The Wallis adjudication turned on whether expert evidence was relevant, and whether there was time to investigate it within the 28 day limit. This is how it went
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CommentIt'll run rings round them
The Olympics will be like every other project - ridden with bluffers, slackers and buck passers - but a dispute resolution board can keep them all in order
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CommentWhat have you got?
Whether it's litigation, arbitration or adjudication, it would all run much more smoothly if everyone showed their hand right from the start
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CommentAn unlikely story
According to the JCT, certifiers are supposed to be impartial even though they're being paid by the client. So does anyone on Planet Earth believe that they are?
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CommentOne thing straight
When the DTI asked an industry mob to discuss the Construction Act, a fight quickly ensued - but those present showed great solidarity on another issue
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CommentNoises off
The adjudication meeting was action-packed and one party swears it never heard an argument presented by the other. Can the decision still stand?
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CommentThe clues are all there …
Under the DTI review, payers and payees call in the adjudicator if they can't agree how much is due. The referee must rule on the spat, but shouldn't play detective
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CommentA painful case
Sometimes contractors just get fed up with a job, and it grinds to a halt. When something like that happened to Birse, it got sacked. Then it got the bill …
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CommentYou’re mistaken, m’lud
In Carillion vs Devonport, the Court of Appeal was right to back an adjudicator’s decision to award interest, but in doing so it made some unhelpful comments …