All articles by Tony Bingham – Page 18
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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?
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CommentSix ways to handle risk
Do you deal with the terrifying business of building with the help of an umbrella, an ostrich, your small intestines, your muscles, a snowboard or a mushroom?
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CommentCompulsory purchases
Two legal textbooks have just been published, and if you’re in the business of fighting or resolving disputes, you simply have to have them on your shelf
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CommentThe Butler test
Adjudicators, like prime ministers, rely on expert evidence to come to decisions. But what if they’re given duff information that reinforces their own bias?
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Wonders & blunders
Tony Bingham is left aesthetically stranded by the RAC control centre on the M6, but the Bilbao Guggenheim comes to the rescue
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CommentFirst things last
Why did the cost of the Scottish parliament rise from £40m to more than £400m? Simple. Builders were asked to start work before the designs had been settled
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CommentMurphy’s law in action
What do you do if you find that life on site cruelly punctures the naive hopes in your tender? Well, you try to get the client to pay more, don’t you? Yes, but how?
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CommentCapper's way
Professor Philip Capper has just made a super speech about adjudication, about judges, about lawyers … and especially about his girlfriend Iris
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CommentJust blow the whistle
It is very important that referees bear one simple rule in mind: when organising a contest between two teams, you're not allowed to kick the ball yourself
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CommentLegal aliens
The little green men from Euroland love to stamp on anything the British are good at, such as the PFI – although 'competitive dialogue' may mark a lighter touch
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CommentDemons and angels
Claims mongerers are chasing ambulances in every walk of life. But adjudication shrived them of their sins in construction, and could be the answer elsewhere
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CommentThe nature of the beast
It may surprise you to learn that lawyers and academics are still not entirely sure what an adjudicator is, what they can do, and what they are like
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Miss Mediation
Is it ever permissable to bypass mediation and go straight to court? The answer is yes. A useful guide as to when emerged out of a recent appeal court case
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CommentStep right in
By not taking extra time to decide the case, an adjudicator led the parties straight to the courtroom door – where they were greeted by a welcoming judge
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CommentUp the workers
This is another everyday story of self-employment and rights and conditions at work. Redrow thought it had a contract and that was it. Wrong, wrong wrong!
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CommentPicking the ponies
The people who hire adjudicators want intelligent, nimble beasts that cover the ground at a gallop while safely leaping legal hurdles. But how can they get them?
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