All articles by Tony Bingham – Page 29
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Comment
Many happy returns
The Construction Act is one year old tomorrow, and there really is something to celebrate. It has changed the face of the industry for the better and disgruntled a few lawyers in the process.
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Features
How to do adjudication
Two books on the Construction Act. Both helpful and well researched. But whereas the first gets an unconditional thumbs-up, the second has been partly overtaken by events.
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Features
The joy of specs
Eganised construction of average quality meets the requirements of standard contracts, but don't you think it's a bit joyless? So, how about a standard form that specifies top-quality craftsmanship?
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Features
Where the buck stops
When Oxford University's pharmacology department developed cracks in the plaster it sued the architect. So the architect sued the contractor – and lost. And thereby hangs a cautionary tale.
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Features
Rip-roaring success
Contractors have the chance to make National Construction Week go with a bang if they use it as an opportunity to stop meddling with standard subcontract forms and tear up onerous amendments.
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Features
Private and confidential
Expert witnesses from opposing sides may be ordered to meet before the trial to discuss their opinions on the dispute. But they shouldn't then be asked to reveal what was said.
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Comment
Adjudication has arrived
The first case on the enforcement of an adjudicator's decision has been decided by the senior judge in the Technology and Construction Court, and we now have a vital piece of case law.
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Features
Why is a lawyer like a bull?
This is the story of the architect who gave a speech at a lawyers jamboree in which he suggested that his audience make themselves redundant. And what's more, he has a point
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Features
Wrongful arrest
If a contract had a clause that says the employer can boot you off the job for not tying your shoelaces, would it be upheld by the courts? In England, quite possibly; other countries are more sensible
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Features
The greatest story ever told
When London Underground challenged an engineering consultant's claim for extra fees, it wrote another chapter in the epic tale of the Jubilee Line Extension with itself as the villain.
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Comment
Shaky ground
When was the last time somebody saved you from an almighty clanger? It happens in business too, but don't rely on it. If watching your back is not spelled out in the contract you can come a cropper.
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Features
Chinese whispers
When information is revealed in confidence, solicitors must never divulge it. Fair enough, you say. But what remedy does a client have if a former solicitor starts working for a current opponent? Fair enough. But what happens
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Features
Do yourself a favour …
When you come to choose a potential adjudicator for your contract it is a good idea to pick one of the many nominating bodies. Pick the wrong person and they could be accused of bias.
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Features
Sweeping statements
A new year, and the mother of all eves the eve of the millennium deserves something radical. How about we start by getting rid of all those lawyers who stand in the way of good building?