All articles by Tony Bingham – Page 14
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CommentThe killer blow
The slide of Botes Building into administration has been widely reported. What isn’t so well known is that in the run up it was involved in a £300k legal battle with one of its clients …
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CommentJust call me Rambo
When did mediation get taken over by tree-huggers who refuse to discuss the merits of the case? Well, no more. If it stops daft cases ending up in court, then mediators should be free to take a more aggressive approach
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CommentThe perils of using your initiative
Imagine you’re a builder carrying out a small domestic project, and you spot a mistake in the architect’s design. Would you save everyone’s time and trouble by working out an ad hoc solution to it?
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CommentTrump that!
Everyone knows that a final certificate trumps an interim one – that’s the way a client ensures it pays the correct sum. But when an adjudicator is parachuted in to decide the interim account, that situation is reversed – as Camden council was surprised to discover
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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?