All articles by Tony Bingham 鈥� Page 23
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Bully beef
After the World Cup, it is hard to argue for the immunity of referees. But the independence of decision-makers must be protected from intimidation
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Having a bawl
If a construction contract was signed before the construction act came into force, but varied after, can a party to it be dragged screaming into an adjudication?
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An expensive encore
Tony Bingham聽tells the story of the pianist whose basement dampproof system failed, the court case that ensued, and the intriguing role eggs and dimples played in it
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Of apes, men and swine
This is a view of the ugly face of construction, where the strong shaft the weak, the weak detest the strong and nobody is on anybody else's side
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See you, Jimmy
Got a dispute with your builder? Then try to work it out without bothering the Court of Appeal 鈥� regardless of what you may have heard on Radio 2
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In the soup
One week you're sharing friendly lunches, the next you're at each other's throats. It's what happens when your star QS leaves 鈥� and takes your clients with him
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Guilty as charged
The Chartered Institute of Arbitrators wants to levy its members so it can afford to put them on trial. Surely there's a better way of dealing with incompetence?
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Talking shop 'til you drop
The Society for Construction Law is a hotbed of ideas and opinions, as this year's Hudson Prize results show. That's why it shouldn't have a single voice
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It's a side issue
Judges are getting to like adjudication. But they're going to like it a whole lot more when adjudicators can demonstrate a judicial fairness when deciding cases
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One way to look at it
A firm working for Alfred McAlpine put a whole load of different disputes in one basket and presented it to an adjudicator 鈥� What happened next?
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Poor Superman
Referees are supposed to be the superheroes in construction disputes. Now they're just as likely to be cast as persecutor 鈥� before turning into victim
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A question of … timing
If you owe me money, and I owe you money, does it make sense to just pay the difference? Let's see how two barristers and a judge sort out this tricky problem 鈥�
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Indecent proposals
This is a story about a householder who agreed to pay a dodgy builder cash, then tried to kick him in his assets when things went wrong. What did the judge say?
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Mightier than the word
Oral promises, as we know, are not worth the paper they're not written on. But what about minutes, fee notes and schedules? What legal force do they have?
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Sock it to 'em, RICS
The RICS has just come out with some advice for the courageous people who take on the role of adjudicator. Trouble is, it doesn't quite know what to tell them 鈥�
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No great Sheikhs
A case in the High Court provides an interesting angle on the obedience owed by parties to an adjudicator's decision. Let's hope they appreciate it in Qatar 鈥�
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Losing your inhibitions
In Scotland? Worried that the chap you're in dispute with is about to scarper? You used to be able to have his assets frozen in a jiffy. Not any more 鈥�
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Colourful language
The JCT is busy churning out new forms of contract: a blue one for subbies, orange ones for construction managers and a transparent one for homeowners
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Dumb and dumber
Adjudicators are full of bright ideas about the law but if they don't tell the parties about one until the decision, isn't that a breach of natural justice?
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Error of our ways
Surely some mistake? You bet – the construction industry makes them every day of the week. But the great thing about blunders is that they can be put right