All articles by Tony Bingham – Page 22
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A landmark protocol …
The Society of Construction Law has just launched its Delay and Disruption Protocol. It's a splendid guide to solving extension of time and compensation problems
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You poor SAP
Few cases in construction have tested the 'satisfactory quality' standard of the Sale and Supply of Goods Act. Here's one, about boilers, that got a bit heated
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Don't be nice, be fair
Partnership and trust are great, but that's not what contracts are are there to promote. They are there to make sure that people do what they say they will
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Tales you lose
Don't get too smug reading about Jeffrey Archer's latest chiding – his case holds a warning to all of us about the danger of telling porkies and making up evidence
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Do yourself a mischief
Construction professionals won't want to be without these new guides – even if they do have to get a hernia picking up the first, Emden's Construction Law
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This really works …
The pre-action protocol aims to make litigation less nasty by giving litigants the chance to be civil to one another. To the surprise of its opponents, it does so
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A tragic obsession
The rule is that if you refuse to mediate before you litigate, you get walloped with the costs of the case – even if you win. This case is a very sad exception
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No more surprised parties
In adjudication, the referring party must present both sides of the story. If it doesn't, the other side can shout foul – but can't suddenly come up with new arguments
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Knockout argument
The received wisdom nowadays is that adjudication is better than going to court. But sometimes the court can offer a quick victory at a bargain price
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Base motives
Starting from this month, anyone who repays a debt late is liable to an additional 12% per annum interest. So, how will late the late payers try to wriggle out?
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We shall not be moved
A second look at the Guidance for Adjudicators focuses on how not to be intimidated – either by the parties or by the huge piles of paper they throw at you
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A guiding light
The Construction Industry Council has come out with some guidance for adjudicators that should ensure that they now know exactly where they stand
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Oh, the brass!
There's an awful lot of folk upset with the CITB for having the cheek to use the training levy to discriminate against builders that use self-employed labour
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The new world order
Over the years, the role of the adjudicator has been transformed from an impartial first stage of problem-solving to the judicial last word on dispute resolution
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Barking neighbours
Your neighbours from hell may claim that what they're doing is perfectly legal, but if they're causing a nuisance, they can still end up in the doghouse
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Bully beef
After the World Cup, it is hard to argue for the immunity of referees. But the independence of decision-makers must be protected from intimidation
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Having a bawl
If a construction contract was signed before the construction act came into force, but varied after, can a party to it be dragged screaming into an adjudication?
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An expensive encore
Tony Bingham tells the story of the pianist whose basement dampproof system failed, the court case that ensued, and the intriguing role eggs and dimples played in it
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Of apes, men and swine
This is a view of the ugly face of construction, where the strong shaft the weak, the weak detest the strong and nobody is on anybody else's side
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See you, Jimmy
Got a dispute with your builder? Then try to work it out without bothering the Court of Appeal – regardless of what you may have heard on Radio 2