All articles by Tony Bingham – Page 25

  • Comment

    Take notice

    2001-07-20T00:00:00Z

    Judges have been in a right muddle over payment notices, but a recent judgment should put them – and adjudicators – back on the right path

  • Comment

    Nothing by halves

    2001-07-13T00:00:00Z

    If an adjudicator fails to take into account part of your defence, can you get their decision overturned? Frogmore Investments found out …

  • Comment

    Read the small print

    2001-06-29T00:00:00Z

    When it comes to insurance policies, beware of the exclusions, limitations, ifs and buts. As the lawyers well know, interpretation is nine points of the law

  • Comment

    It's a long story …

    2001-06-22T00:00:00Z

    This is the tale of a couple who bought an old house overlooking Beachy Head – and then found that the surveyor had sold them a pup …

  • Comment

    On keeping stumm

    2001-05-25T00:00:00Z

    Bias isn't about what you really think or feel; it's about the impression you create. So think what you want, but for heaven's sake don't do it out loud.

  • Comment

    Your word against mine

    2001-05-18T00:00:00Z

    Tony Bingham - When is a dispute not a dispute? When you call it a matter of dissatisfaction and shoo away any adjudicators that arrive to investigate

  • Comment

    Get real, m'lud

    2001-05-11T00:00:00Z

    Tony Bingham - John Redmond is wrong about Judge Bowsher. Adjudicating in 28 days is a job for Superman. Restricting phone calls would be like helping him with kryptonite

  • Comment

    The weakest link

    2001-05-04T00:00:00Z

    Tony Bingham - A full frontal attack on adjudication claimed that the Construction Act went against the Human Rights Act, but there is in fact no connection between the two

  • Comment

    Difficult sums

    2001-04-27T00:00:00Z

    Tony Bingham - If a delay leaves you temporarily out of pocket, but does not dent your profit, should you recover losses? One judge said yes, but an adjudicator might not agree …

  • Comment

    You're asking for it

    2001-04-20T00:00:00Z

    Tony Bingham - Adjudicators can only do what they are asked to do, so if you don't get the wording right in the referral notice, you're likely to come unstuck

  • Comment

    Get off my back

    2001-04-12T00:00:00Z

    Tony Bingham Main contractors that try to say provisions in their contract with the client should apply to subcontracts are almost always wrong. And now adjudicators can say so

  • Comment

    We love you

    2001-03-30T00:00:00Z

    Tony Bingham - Once upon a time, relations between banks and small and medium-sized construction firms was awful. Now all that has changed, say the banks. Oh yeah?

  • Features

    The profession rules, OK

    2001-03-23T00:00:00Z

    Tony Bingham - The RIBA's private rules are coming under scrutiny from the Office of Fair Trading – do they exist to maintain standards or to keep out the competition?

  • Comment

    Holding on

    2001-03-16T00:00:00Z

    Tony Bingham - An adjudicator has told you to pay money to a firm veering towards insolvency, against which you have a counterclaim outstanding. Must you pay?

  • Comment

    Playing for both sides

    2001-03-09T00:00:00Z

    Tony Bingham - An adjudicator turns into a mediator to settle a dispute, and then turns back into an adjudicator when things go sour … but has he compromised his impartiality?

  • Comment

    Vengeance is mine

    2001-03-02T00:00:00Z

    Tony Bingham - A series of rail disasters has led to the introduction of the offence of "corporate killing". It may satisfy the public's desire to see justice done, but will it do any good?

  • Comment

    Looking for trouble

    2001-02-23T00:00:00Z

    A claim isn't the same thing as a dispute. You can't call for an adjudicator or arbitrator until you've given the other party a chance to respond to your complaint.

  • Comment

    As clear as mud

    2001-02-16T00:00:00Z

    Judges have to tell a losing party why they lost, and if they don't, they run the risk of having a judgment set aside by a higher court. And that's something adjudicators should think about, too.

  • Comment

    Ask yourself this

    2001-01-26T00:00:00Z

    How would you feel if an adjudicator decided your case on a question you didn't ask her, without giving you a chance to put your views on it? And do you think a judge would agree with you?

  • Comment

    A cold climate

    2001-01-19T00:00:00Z

    While the introduction of the climate change levy may make Britain look impressive on the world stage, it is unlikely to make the government anything but enemies closer to home.