All articles by Tony Bingham 鈥� Page 4
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CommentEveryone's a loser
The players in this case saw the chance to make a big profit. But unfortunately, when the banking crisis came and they fell out, it led to both sides having to shell out
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CommentExtension-of-time disputes
Assessing an extension-of-time dispute is tricky. Experts need to be able to transport themselves back to the time of the delay and take in the view from there
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CommentAmended standard forms: Just say no
鈥楢mended鈥� standard forms are a cunning ruse that use pages and pages of modifications to pile risk onto subbies. But why do they agree to sign them?
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CommentLimitation periods and adjudication
The idea of adjudication is that it has no bearing on any subsequent litigation or arbitration, but in this case a clever argument tried to get around that principle
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CommentKnowing who you're in contract with
Problems with a retaining wall led to a dispute for damages. But who had the engineer signed a contract with - a business or an individual?
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CommentThe madness of NEC the third
This clause was so complicated that the parties offered two different interpretations and the adjudicator went with a third. Which started a whole new round of wrangling 鈥�
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CommentThe sudden death clause
It seems that a contract can contain all sorts of cheering words about partnering and still allow a termination without explanation. Don鈥檛 worry, it all makes sense to lawyers 鈥�
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CommentArchitect standards: Wrap them up in cotton wool
When things went awry with the Wests鈥� riverside home, and the builder was already insolvent, they sued the architect. Why? He should have taken better care of them
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CommentArchitects Registration Board: Know your place
An architect has been struck off for getting into debt. But is this really 鈥榩rofessional misconduct鈥� to anyone other than the Lord Snootys of the profession?
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CommentProfessional negligence dispute: On the rocks
When a judge blocked a 拢3m award to whisky maker Whyte Mackay, he questioned whether a professional negligence dispute should have come to adjudication at all
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CommentStop kicking up a fuss
The lawyers in this case raised a number of clever, interesting technical objections. Which were quite rightly dismissed. Let鈥檚 just stick to the facts, eh?
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CommentNEC3 contracts: The hole truth and nothing but
If only lawyers would get around to filling up the holes in the NEC3 contract
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CommentMaking a drama out of a crisis
黑洞社区s and contents insurance is big business. But what happens when an insurer鈥檚 contractor鈥檚 subcontractor tries to get money from homeowners? In short, a bit of a mess
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CommentAdjudication: A 63 lever arch file problem
Doubtless you鈥檇 feel miffed to have to wade through huge files of material in just seven days so you can serve your response. But don鈥檛 expect a court judge to take pity on you
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CommentContempt of court: Jailhouse rock
Here鈥檚 a case that started out as a workaday adjudication case and ended up with one party trying to get the other banged up in prison for contempt of court
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CommentZennestrom's house
Here is a recent judgment that highlights the proper application of the 1972 Defective Premises Act, in a charming Bauhaus setting with a marina view
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CommentRecognising the principle of good faith
English law does not recognise the principle of good faith in contracts but now a High Court judge has said it鈥檚 about time that it does
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CommentHere鈥檚 one I made earlier
If a project involves two separate but related disputes, is it fair for one of the parties to send the second adjudicator the first one鈥檚 decision?
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CommentNasty, brutish and short
A sad tale of what began as a house extension but ended up involving fraud, personal liability and a murder charge
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CommentReducing an adjudicator's award
If an adjudicator tells you to pay up, can you issue a withholding notice and demand a big cheque instead? Tony Bingham examines a recent judgment