All articles by Tony Bingham – Page 3
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CommentHomebuyer surveys: consultants, beware the faults you can’t see
A surveyor who failed to seek certification for a refurbished home has been stuck with massive rebuild costs
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CommentAdjudicate first, litigate after
A Scottish court has upheld the NEC3 provision that makes adjudication mandatory before litigation can be sought
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CommentA question of scope
A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute
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CommentAdjudication in insolvency: any further questions?
The latest instalment in the saga of adjudications involving insolvent companies brings more questions than answers
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CommentCan’t pay, won’t pay
How many steps does it take to get the losing party to pay up as ordered? Extraordinarily many, at times, as this case shows
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CommentGood in parts: clarity on severance
An adjudication that is partially flawed can still be upheld in the areas in which it is sound, according to a recent appeal decision
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CommentLet’s act in good faith, always – not just during covid
Emergency government guidance on contracts urges us to ‘behave responsibly’ during the pandemic. But why only now?
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CommentFair play to relational contracting
Good faith is becoming a central tenet of construction law, as highlighted in two recent publications
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CommentWhy are some process plants not covered by the Construction Act?
Let’s end the immunity of certain types of project from the Construction Act – it was always more about power than logic
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CommentA desire to punish can cost dearly
A couple who sued their architect neighbour after she helped out for free are paying heavily for pursuing a speculative case
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CommentPart 8 applications: What kind of question is that?
A Part 8 application in relation to an adjudicator’s decision on an extension of time took a novel approach
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CommentNEC contracts: Ours is not to reason why
Adjudicators need not give detailed reasons for their decisions – and can use a little help without accounting for that either
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CommentWhat it takes to crystallise a dispute
And how the concept works in the context of adjudication
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CommentEarly neutral evaluation: Get a jump on the outcome
A new kind of ADR, called early neutral evaluation, aims to give parties an idea ahead of time about which way a dispute will go
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CommentReverse VAT is a backwards step
Reverse-charge VAT is an awful idea – subcontractors depend on the taxation time-line delay to ease their cash flow
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CommentCuriouser and curiouser: how the role of the adjudicator is becoming more complex
Adjudicators are asked to resolve increasingly complex issues, so the RICS’ new rolling training programme is most welcome
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CommentFacts first or face prison
Although expert witnesses speak for just one side, their first loyalty must be to the truth – otherwise they risk prosecution
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CommentLegal: When is fraud relevant?
Fraud can be raised as a defence in adjudication case or to avoid an enforcement, but it must be strictly relevant
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CommentThe day three running jump
Tony Bingham says respondents’ habit of trying to halt an adjudication three days in needs to be taken more seriously
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CommentA contract is not a state of mind
Starting work without a proper contract is common practice, but it’s what’s on paper that counts, not what’s in your head