All articles by Tony Bingham – Page 25
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Your word against mine
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
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Get real, m'lud
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
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The weakest link
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
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Difficult sums
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 …
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You're asking for it
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
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Get off my back
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
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We love you
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?
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The profession rules, OK
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?
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Holding on
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?
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Playing for both sides
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?
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Vengeance is mine
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?
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Looking for trouble
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.
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As clear as mud
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.
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Ask yourself this
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?
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A cold climate
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.
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Trench warfare
Plans were studied, cable-locating devices were used and care was taken, but the builder still managed to sever three live cables. So was the builder negligent?
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Gutter sniping
An architect designed a shed but omitted to include overflows in the gutter, which flooded and ruined goods stored inside. Was it negligent, and therefore liable for the damage?
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Holiday dilemmas
A self-employed chippy put in a claim to a builder for £1430 holiday pay under the Working Time Regulations. He didn't win, but in not very different circumstances he might well have done.
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Stay frosty
When an adjudicator gets personal, their decision can be clamped by the High Court. Whatever the referee thinks of the parties to the dispute, there must be no suggestion of bias.
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Once bitten, fight shy
Once again, the adjudicator's figures on an award have proved controversial. But in this dispute even an admission of error failed to keep the case from court