All articles by Tony Bingham – Page 17
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CommentChilling thoughts
The M&E engineer on a north London shopping centre paid out £1.25m after tenants complained about the draught. Then it tried to sue the architect …
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CommentEast, west, probity’s best
In donating to the Asian tsunami appeal, generosity is tempered by cynicism over how contracts will be run. But at least the World Bank has found some answers
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CommentLiving with The Others
Hovering above the real people doing real jobs on real site is a vast ghostly world of contract documents and legal obligations. How should the two interact?
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CommentSome relationship advice
Dear Tony, I have been seeing a contractor for some time now, and although he says he loves me, he will not commit to a serious relationship. What should I do?
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CommentJingle all the way
Deck the halls with boughs of holly/Here’s some advice on saving lolly/Hire yourself a new surveyor/Who’ll collect evidence against the payer …
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CommentWho are you today?
A piece of legislation that protects ‘consumers’ against unfair treatment from ‘commercial’ types – meaning you – undermines whole basis of a building contract
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The prongs of doom
Time and again adjudications end in failure because the courts detect bias. Here’s another case where a botched job inevitably results in a load of wasted money
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CommentKindly leave the stage
It’s an accepted rule that if an adjudicator throws out a claim, the losing party can’t rush out and hire another one. But in this case, that’s exactly what happened …
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CommentWhen can you be unfair?
djudicators who ignore the rules of natural justice in their conduct may not fall foul of the courts, but they should be given a damn good thrashing anyway
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CommentPrivate investigations
What are adjudicators supposed to do when two raw parties to a dispute turn up with a case but no evidence? Play the neutral or act as a licensed sleuth?
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CommentTackle it with Eezyjudge®
Only 28 days to decide 276 final account quarrels on 17,000 pieces of paper? Don’t despair. Just apply a little of this 100%-proof, no-nonsense dispute decider
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CommentNothing comes of nothing
Contractors are forever complaining about disruption on the job, but without hard evidence an adjudicator will award them precisely zero compensation
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CommentSafety deposit
Tony Bingham - The use of trust funds to protect against client insolvency is a very good idea. So why did parliament reject the idea 10 years ago? And is it ready to reconsider?
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CommentTrouble in the nursery
The Latham payment review panel has failed to produce an ABC for squabbling subbies. Nanny government must decide when to step in, and when to keep clear
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CommentUncool customer
So MSPs are peeved they had to pay £431m for their parliament. But if the contractors delivered what the client said it wanted, why accept less than the true cost?
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CommentMoney’s silver tongue
You can ask an adjudicator to step down from an adjudication but as it is his decision, and his fee, the likelihood is that he’ll find compelling reasons to stay
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Comment£70k a pop
Enforcing an adjudication can be a damned expensive business, especially when there’s a proce - as one unfortunate subcontractor found out
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CommentThrough the looking glass
When is an agreement in writing not an ‘agreement in writing’? When, as one subcontractor found out, it takes place in the crazy world of construction law
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Mrs Bingham’s lament
Some clever people have come up with easy-to-use framework contracts that just might cut disputes. So where will our household clothing budget come from?