All articles by Tony Bingham – Page 13
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Dances with gorillas
The ODA manifesto for building the 2012 Olympics talks about delivering on time, to a tight budget.But if that is to be done, novel ways of thinking are needed
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What rights does a tree have?
If a neighbour’s tree is damaging your property you have a right to remedy the situation by chopping it down. Except if it belongs to the council, in which case it’s a lot trickier
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Tarred with the same brush
A bitumen cartel got stung by the European Commission when it was caught flouting competition laws. But it was the parent companies that got their knuckles rapped hardest
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Helping the poor struggler
An arbitrator or adjudicator may feel tempted to redress the scales of justice if they believe one of the parties is poorly represented and needs a leg up. But is this really on?
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Do you want to know a secret?
A leaked letter from the DTI is very revealing as to the latest government thinking on reforms to adjudication, particularly its apparent disregard for the construction industry’s views
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Read them and weep
Letters of intent are often used inappropriately in the construction industry and, as such, they should be employed with a good deal of caution – or not at all
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Certifiable adjudicators
Like the umpires in last month’s ill-fated test match, adjudicators test the dispute against the rules and make a judgment – unfortunately some construction folk, and one or two lawyers, haven’t quite grasped that they can’t tamper with the ball either …
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Certifiable adjudicators
Like the umpires in last month’s ill-fated test match, adjudicators test the dispute against the rules and make a judgment – unfortunately some construction folk, and one or two lawyers, haven’t quite grasped that they can’t tamper with the ball either …
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Dont touch that dial
It’s tough being an arbitrator. You’re expected to have expert skills in your field and be able to shoulder a weighty judicial burden. And one wrong move, such as making a simple phone call, will get you thrown off the job …
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The way the money goes
The insistence that a contract be ‘in writing’ before it can be adjudicated is transferring millions of pounds from one industry to another. Guess which ones they are …
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The pitfalls of DIY
Hanging the odd picture up is one thing, but once you’re into serious DIY you’re bound by the same standards as a professional builder. So if something bad happens on your property, you can end up paying damages, costs and even other defendants’ costs. Nasty
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Blood on the tracks
Last year the criminal court fined Balfour Beatty £10m after it pleaded guilty to its part in the Hatfield rail disaster. Then last month the Court of Appeal lopped £2.5m off the penalty. Here’s why …
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News
Dutch courage
Why don't people wear hard hats in Rotterdam? ºÚ¶´ÉçÇø's legal expert is not sure and despite his better sense he soon finds he's going Dutch himself
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The killer blow
The slide of Botes ºÚ¶´ÉçÇø into administration has been widely reported. What isn’t so well known is that in the run up it was involved in a £300k legal battle with one of its clients …
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Just call me Rambo
When did mediation get taken over by tree-huggers who refuse to discuss the merits of the case? Well, no more. If it stops daft cases ending up in court, then mediators should be free to take a more aggressive approach
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The perils of using your initiative
Imagine you’re a builder carrying out a small domestic project, and you spot a mistake in the architect’s design. Would you save everyone’s time and trouble by working out an ad hoc solution to it?
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Trump that!
Everyone knows that a final certificate trumps an interim one – that’s the way a client ensures it pays the correct sum. But when an adjudicator is parachuted in to decide the interim account, that situation is reversed – as Camden council was surprised to discover
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Stop right there
The Wembley judgment contains all the rough and tumble we expect from a good old construction dust-up, and some pertinent lessons for the 2012 Olympics organisers
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News
On the move without a mobile
ºÚ¶´ÉçÇø's star columnist is on a train to Cardiff to give a legal lecture, but damn, he's left his mobile behind. Thankfully a kindly trolley lady stepped in and saved the day.
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The correct use of courts
The legal system would work a lot better if it were used as a last chance to settle disputes, rather than a blunt instrument to beat, baffle and bore one's enemy into submission