All articles by Tony Bingham – Page 4
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CommentLegal: It’s a win on penalties
The approach to any failure to send a timely payless notice has at last been questioned
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CommentThe £12m blame game
When 64 homes had to be demolished, the council claimed the architect had assumed responsibility for others’ errors
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CommentA spanner in the works
The Pimlico Plumbers case highlights the rights of workers who fall between employee and self-employed contractor
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CommentGDPR: The 12 step approach
Tony Bingham explains the ins and outs of GDPR compliance, and how to make sure you don’t fall foul of the new data rules
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CommentNot what the doctor ordered
Tony Bingham argues that the adjudication system set out in the Construction Act has been warped into something way more legalistic
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CommentA challenging case
Tony Bingham explains how a recent case clarifies the scope of adjudication and the adjudicator’s role
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CommentLegal: More than words can say
When Amey agreed to mend Birmingham’s potholes for 25 years, it should have understood it was forming a relationship – and not started picking holes in the contract wording to cut its workload
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CommentLegal blog: When things go phut
With the Construction Act up for review, it’s the perfect moment to add a key item from Latham’s wish list that got left out last time: compulsory project bank accounts. Tony Bingham explains
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CommentLegal: Dissecting delay
Tony Bingham recommends two new books for 2018. Both deal with delay and disruption in construction, but in very different ways
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CommentLegal blog: The inquisitor's little helpers
In Severfield vs Duro Felguera, the defendant refused to come to court. The judge’s response holds useful guidance
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CommentAnd about time too
The review of the Construction Act is more than welcome to Tony Bingham, who can hardly wait to see an end to the misapplication of 28-day adjudication as a dispute resolution process
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CommentLegal blog: Grenfell - what went wrong?
Last month Tony Bingham went to Grenfell Tower to see the aftermath of the tragedy for himself; here, he looks at the scope of the inquiry and what it might tell us about the way we procure buildings
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CommentCurb your enthusiasm
If the expert witness you commission comes up with something not entirely to your liking, you might be tempted to shop around for another one. But the court won’t like it
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CommentAdjudication: Pick on someone your own size
Some parties will go to great lengths – even so far as bullying the poor adjudicator – to get an adjudication stopped. Better by far is to go straight to the judge and argue your case
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CommentDoing without lawyers
More people than ever are choosing to conduct their own construction case without using a lawyer. Fine, but it calls for a more hands-on approach from the referee
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CommentCould we just add a staircase here, perhaps?
The Giles Mackay case shows the folly of using a lump-sum contract on a project where the amateur client, inspired by House & Garden, wants a hand in the design…
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CommentProcedure costs: Please translate
If a judge wants a specific document prior to trial that one party has never heard of, you’d expect someone to ask for clarification. Not in this, unnecessarily expensive, case
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CommentLosing the argument but getting your way: Ultimate victory
Anglian Water’s dispute with Laing O’Rourke over the NEC’s adjudication rules illustrates a peculiarity of legal disputes: you can lose all kinds of arguments and still get your way
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CommentPage turners: Society of Construction Law essay prize
The winners of this prestigious prize have some clever things to say about delays and quantum meruit disputes. Their papers are all must-reads
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CommentThe foundations of a good decision
From boldness to fairness, reaching a successful adjudication result starts with paying heed to seven pillars, as set out by Mr Justice Coulson