All articles by Tony Bingham – Page 9
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CommentDraft Construction Bill: I’m amphibious about it
The reform of the Construction Act will probably right some obvious wrongs, but why couldn’t it have been written in plain English? Take the payment rules for instance …
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CommentLet’s ditch the training levy
The ConstructionSkills levy is making enemies and criminals out of contractors and not getting much training done either. There must be a better way …
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CommentVictorious losers
EU rules insist that public contracts be run in a fair and open way. So, if you miss out, and you think the client wasn’t fair, you can ask a court for damages. A lot of damages …
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CommentOlympic hopeful
Never trust an Olympic Delivery Authority until you can see the white of its balance sheet. On the strength of this, Tony Bingham is quite encouraged, actually
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CommentMisery: Crest Nicholson vs Mr & Mrs Western
So you buy a new house, find some flaws, get nowhere with the builder and go to arbitration. At which point your troubles really begin …
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CommentYoghurt in a pea soup
Guess what? We’ve got another case in which the parties started work on the basis of a letter of intent. The slight difference in this case is that it concerns Müller twin pots
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CommentRICS consultancy form: On surprisingly good form
The new crop of RICS standard contract are about to make quantity surveyors’ lives a lot easier
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CommentAre you listening?
Put four fabulous speakers in a room and get some of the country’s top adjudicators to sit down in front of them. The result is a fascinating conference we can all learn from
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CommentConfidentiality in mediation: Do the decent thing
It really can’t be stressed enough that what goes on between consenting parties in a mediation is nobody’s business but theirs. If you don’t believe that, consider the following case
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NewsCover pricing? Baloney!
“We will have to get a cover price on this one,” said the chief estimator. I was then a mere baby to this building lark.
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Comment10 years of the Construction Act
Ten years after it became law, the Construction Act is a boisterous, perplexing triumph. Here’s its biography. Overleaf, Rudi Klein and Dominic Helps add their views, and we hear from one man who went through the mill and survived
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NewsCover pricing is not a widespread evil
Builders in general want to win work, so the idea they are all conspiring to divvy up jobs and pay back-handers is quite frankly a load of baloney
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CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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CommentThe land of make-believe
The building industry should sit up and take notice of the McCartney/Mills divorce settlement: there are some valuable lessons to be learned, particularly when it comes to putting your side of the story to the court
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NewsDispute-busters to the rescue
A panel of experts has been appointed to stop unseemly rows on the 2012 projects before they even start. Surely they will need superhuman powers? Or just some common sense?
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CommentDough well spent
If writing a bad review of a pizza restaurant can land you in court, just think what writing a review of a book by a leading construction judge does to the old ticker. Luckily, it’s a fabulous book – no, really
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CommentCantillon vs Urvasco: Adjudication á la carte
The case of Cantillon vs Urvasco suggests that the parties, the adjudicator and the enforcing court have a great deal of latitude when it comes to presenting arguments and judging them
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CommentChop, chop
Mr Justice Jackson must wake up in a cold sweat thinking about Multiplex and Cleveland Bridge, because everytime he thinks the hydra of litigation has been slain, another two heads pop up
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CommentReinwood vs Brown: So much for common sense
The Law Lords are having a high old time with the Construction Act – first there was Melville Dundas, now it’s Reinwood vs Brown. Both come down in favour of the employer, but will our industry understand why?
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CommentNo fire without smoke
When a fire occurred while an electrician was working at the site, it was easy to jump to the conclusion that he was to blame – but such thinking can easily get us into a muddle