All articles by Tony Bingham – Page 2
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CommentIf mediation drags on, don’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s to be done?
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CommentWhen a final account certificate is far from final
A dispute about the final account on a Scottish school got murkier and murkier – not to mention ever costlier
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CommentIt’s all just LAD stuff
Liquidated damages can be a curious business, and this latest case is no exception. Listen carefully, and I’ll begin …
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CommentAsbestos victims deserve justice
Victims of asbestos-related illness caused in the workplace are too often left uncompensated, but that may change
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CommentCan collateral warranties be adjudicated?
The case of Abbey vs Simply Construction brought up the question of whether adjudication can apply to a collateral warranty
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CommentRemembering Roger Knowles
Arguably the inventor of the claims consultant, James R Knowles had a knack for communication second to none
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CommentHome extension is building too
It’s time to bring domestic dwelling disputes within the adjudication provisions of the Construction Act – this is getting crazy
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CommentIn praise of common sense in litigation
When an adjudicator resigned for pretty sound reasons, the referring party was remarkably determined to avoid paying his bill
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CommentPlease stop arguing with the arbitrator
The courts are pushing back against losers’ attempts to challenge arbitration rulings on dubious procedural grounds
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentGood faith strikes again
A new ruling shows you can’t breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham
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CommentStop deifying the institution
The RICS needs to move out of the Middle Ages: its true role is as a club that supports and trains its members, says Tony Bingham
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Comment£1 notices aren’t worth the paper they’re printed on
A payment notice is invalid if it fails to set out the amount genuinely considered due – placeholder notices don’t count, says Tony Bingham
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CommentA liquid situation over damages
Tony Bingham tells of a subcontractor defending a liquidated damages claim that decided it did want to pay them after all, when the client changed tack
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CommentOn too great expectations
Tony Bingham on a client who paid dearly for taking her builder’s quote and completion date too literally – with a whole lot of variations on top
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CommentChallenges to adjudication: keep it plain and simple
Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court
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CommentHomebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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CommentAdjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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CommentA question of scope
A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute
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CommentAdjudication in insolvency: any further questions?
The latest instalment in the saga of adjudications involving insolvent companies brings more questions than answers