All articles by Tony Bingham – Page 8
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CommentMea culpa: Disputes from the architect's point of view
The tale an architect wants a building to tell can turn into a shaggy dog story if the builders doesn’t want to tell it as well... and if they aren’t distracted by people like me
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CommentKissing goodbye to your money? Creditors voluntary arrangements
Tony Bingham Your contractor wins an adjudication award but is subject to a creditors’ voluntary arrangement. You intend to take the case to arbitration. Do you pay up in the meantime?
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CommentThe reader: Tony's booklist
Here’s my personal selection of handy reference books to help you solve those legal conundrums that my columns don’t cover
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CommentSurprise! : New information in adjudication
The box of matters for adjudication that arrives at your door may contain some nasty shocks – such as a cartload of new information. The question is, as ever, is this fair?
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CommentPure and simple: Construction Act changes
The proposed changes to the Construction Act payment rules are all very clever, but they won’t wash in the down-to-earth world of construction. We want something simpler
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NewsUK jobs for foreign workers
That's bound to happen if you hire an overseas subbie – so don't blame the Italian firm in the Lindsey dispute for using its own workers; Total should have thought this through
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CommentSuds law: Limiting adjudication materials
You can throw anything you want at an argument in an adjudication – even the kitchen sink – but it won’t wash if you don’t give the other side time to consider it
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CommentGet ready to go wrong: Preparation
The tale of the passenger who ran away from a car wreck has much to teach the construction industry about preparing for its own little mishaps
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CommentCan’t pay? Will pay: How well does the system work
If someone owes you money, you can go to adjudication to get them to pay. And if they ignore that you can go to court. But how well does the system actually work?
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CommentWith the pope’s blessing: Awarding interest
Usury may be a sin, but that doesn’t mean it’s against the law. But then, working out just what the law does say about charging interest can be a bit of a poser …
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CommentGet a truck load of this: Collaborative working
A lot of folk are fed up with talk of collaborative working. And no wonder. Too often it’s just another name for risk dumping
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CommentThe judge with a flea in his ear: When costs outweigh damages
Here’s another case in which the costs by far outweighed the damages, only this time it was a county court judge who took the flak for letting it happen
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CommentIt’s a lads thing: liquidated and ascertained damages
Even when liquidated and ascertained damages are totally fair, they may seem like a contractor’s worst enemy – here’s an example why …
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CommentAll over bar the shooting: Frameworks
What better way to work, you say, than a lovely, co-operative framework deal? Fine. Just don’t expect it to be bloodless, painless, dispute-less or litigation-free
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CommentShall I stay or shall I go?: Bad payment
A case of bad paying has to be very severe for you to justify packing your bags. Have faith – here’s an example of a client having to remedy its wrongdoings
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CommentGetting paid: If the mountain won't come...
Here’s a clever way of getting your claim paid: go straight to those who owe the payer money. Unfortunately, it can be a little tricky to navigate
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CommentThere once was an ugly duckling
If your adjudication claim’s feathers are all tattered and torn, it ought to fail. But what if your kindly adjudicator decides that it might turn into a swan later on?
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CommentThe day I got a kick in the pants: The differences between adjudication and litigation
Here’s a case that should lift us up by the scruff of the neck and wring any idea out of us that adjudication is the same as litigation. It isn’t – and that’s precisely why it’s so good
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CommentWembley stadium: Grudge match
The Multiplex vs Cleveland Bridge dispute is an example of what happens when a case gets overtaken by blind emotion: both sides lose a lot of money they could have kept
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CommentDinmore vs Treasure: Jumpers!
Some people chomp at the bit to get their case to court. Here’s the case of a construction company that went three times and won them all – but at what cost