All articles by Tony Bingham 鈥� Page 10
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CommentCantillon vs Urvasco: Adjudication 谩 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 鈥� first there was Melville Dundas, now it鈥檚 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 鈥� but such thinking can easily get us into a muddle
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CommentHand over all the money
You can recover damages for losses caused by breach of contract but probably not for the loss of the use of money awarded in damages. Interest, in other words.That鈥檚 a bit odd isn鈥檛 it?
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CommentKeeping mum about mediation
Once upon a time everyone understood that part of what made mediation an 鈥榓lternative鈥� form of dispute resolution was that the talks remained confidential. Was. Not any more they don鈥檛
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CommentJCT Framework Agreement: Umbrellas? Who needs 鈥檈m
A framework agreement is like an umbrella that sits above a contractual dinghy in which the elements of the Egan partnership await their fate like good little girls and boys. Until, of course, it starts getting wet
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NewsConstruction is full of Mrs Conways
The building industry employs plenty of family members, so why do MPs get such a rough deal?
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CommentThe price of intransigence
Mediation can be used as a ploy to cut down on costs at a later trial. But if a party is suspected of playing along with no intention of compromising, everyone can end up losing a lot of money
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CommentWhat鈥檚 yours is mine
聽A retention may be held by an employer, but the money does not belong to it. This inconvenient fact is often overlooked by clients and main contractors 鈥� it鈥檚 so good for business, you see
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CommentWhat it all comes down to
How do we decide what is a reasonable extension of time? This basic question gives rise to all sorts of astonishingly complex answers, at the end of which we鈥檙e left with 鈥� common sense
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CommentWellies, muck and diggers
Construction dispute books, however erudite and authoritative, must brim with experience of the real world if they鈥檙e to be of use to those at the sharp end
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NewsNetwork Rail was bound to be late
Delays to work on the West Coast Mainline over Christmas were entirely predictable, the surprise was it overran by just four days
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CommentRaise a glass to the clerk of works
Who鈥檚 the most important man on a building site? Well, it depends on circumstances, but have you ever thought it might be the humble clerk of works? The chap with no powers but the one to make sure the job goes right?
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CommentTalking yourself out of a job
Alright, love, I鈥檒l rebuild your bungalow in 17 weeks for 拢130k. Agreed. What, you want a kitchen? That鈥檚 extra. And where鈥檚 my dosh? All of it! Of course I need more time, I can鈥檛 work in the rain, can I? I鈥檝e been what? !!拢**@!!!*
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CommentTreasure & Son Ltd vs Martin Dawes: The riddle of existence
If you get into an adjudication based on a variation to a contract that is agreed but not signed, is the adjudication valid? The High Court has just given us a clear answer to that one 鈥�
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CommentTime wasters
One thing a legal dispute is good for is kicking a claim for payment into the long grass, which means all the time spent being fair to both parties is very unfair to the one that wants its money
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CommentFlogging a dead parrot
Here鈥檚 a trip down memory lane 鈥� back to the early seventies and Monty Python鈥檚 Flying Circus. But what could a hilarious, abusive, surreal sketch show possibly have to do with the modern construction industry?
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CommentWhat the Fiona tells us
The House of Lords has just decided a case that鈥檚 been around long enough to acquire its own nickname. And although it鈥檚 about a huge shipping dispute, it will have a big impact on construction
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CommentThe simple secret of success
The expert goes to Majorca to deliver a paper about the contractual side of building 鈥� and learns a lot about how it really works from a man who doesn鈥檛 even go to his lecture 鈥�