All articles by Tony Bingham – Page 20
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CommentThe peacemakers
Dispute resolution boards are supposed to head off problems before they escalate into armed conflict. Question is, how do they do the heading off?
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CommentAngels and Martians
Homeowners are from heaven and builders are from Mars and it will take a brave organisation to reconcile them. So, hats off to the Construction Conciliation Group
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CommentLegal substances
Were you too busy to plough through the summer's output of construction law books? Fear not, dear reader, your legal beagle has sniffed through them for you
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CommentA few hiccups …
Imagine you are in a tribunal and one of the panel is either asleep, intoxicated or both. Surely you'd be able to ask for a retrial if it found against you?
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CommentThe arrangement
Subbies beware: a client that finds it's hired a dodgy contractor may promise to pay you direct – and then try to wriggle out when it all goes spoon-shaped
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Be serious
The sordid tale of the cocaine-fuelled rise of an industry boss and his debauched nights of three-in-a-limo … Oh, alright, it's about a new form of contract
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CommentHow can you judge?
It's a good thing for dispute deciders to think out loud, but it's equally important not to give the impression they've made up their minds before the show's over
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When the ref's offside
Aston Villa is playing against Arsenal and, just before the match begins, the referee declares he's an ardent Gunners fan. Does the Villa play on or blow the whistle?
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CommentLook here, my man …
"It's about these boilers what I purchased from this very boutique." "Oh yes, the Potterton Blues – what's wrong with them?" "I'll tell you what's wrong with them …"
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CommentI know your sort
A witness takes the stand and gives testimony that may send someone to prison or ruin a company. How do we decide whether to believe them?
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CommentNo free lunches
Tony Bingham Lost an adjudication? Don't want to pay the adjudicator's fee? Tough. Pay up or risk getting sued – and if you are, you may well end up paying those costs, too
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CommentNo sex please
In their enthusiasm to make their case, disputants are likely to ‘sex up’ evidence. But good adjudicators, and good prime ministers, ought to be immune to spin
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CommentAim for the head
David Blunkett's corporate manslaughter bill may satisfy public demand to see bad managers punished, but it looks like it is going to apply to a great many people
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CommentMirror, mirror on the wall
You may think you're the fairest adjudicator of them all, but if an informed outsider thinks different, you could find yourself being cut down to size
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CommentUpside down, up in front
New Zealand has learned from our mistakes and introduced a corker of a Construction Act. And it's got the focus right – on an improved payment system
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CommentInstant justice
Believe it or not, some people still argue about the relative merits of arbitration and adjudication. But for ease of use, speed and cost, the latter wins hands down
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CommentWhizz-bang walloped
Arbitrators, like other dispute deciders, may be inclined to race through a case and decide it on documents alone. But this approach can end up being very unfair
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Hang loose, man
By all means, let's chill out, exchange ideas on managing disputes and stuff – only, like, you know, we don't need all these rules telling us what to do, yeah?
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Easy steps to hair loss
Got a bit too much of a mop up top? Want to look mature and distinguished? Now you too can look like me – just become a responding party in an adjudication!