All articles by Tony Bingham
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CommentWhy it鈥檚 important to use everyday language in contract documents
Tony Bingham on DBS vs TCS and why standard form contract devisers need to get more everyday with their language
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CommentAdjudication doesn鈥檛 need to be complicated
Tony Bingham on a failed attempt to overturn an adjudication on the ground that it covered multiple contracts with slightly differing terms
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CommentGet your clause into it 鈥� contractual responsibility for specific risks
Tony Bingham on a case concerning contractual responsibility for specific risks, and the attempts to locate that amid amendments
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CommentA deal with too many moth holes
A vendor who fails to answer the pre-contract questionnaire honestly can find the whole house sale reversed
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CommentLet鈥檚 sort out the payment rules
The recent ruling in Placefirst vs CAR highlights the聽ongoing confusion around the payment and pay-less rules
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CommentIt鈥檚 time to shake up adjudication
Poor decisions, low competence, bias 鈥� adjudication has got itself into a mess. So, what鈥檚 to be done? Tony Bingham has the answers
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CommentAdjudication offers speed 鈥� and not at any cost
High-speed dispute resolution such as adjudication may be imperfect, but cost makes it a better option than litigation
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CommentGrenfell shows it鈥檚 time to scrap design and build contracts
Design responsibility should not be forced onto the shoulders of builders,聽argues Tony Bingham
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CommentShedding new light on late payment
Provident vs Hexagon changes the game on late payment 鈥� do it twice, and the aggrieved contractor can walk
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CommentRecusal and the Post Office
When a party to a dispute anticipates losing, it may 鈥� as a desperate measure 鈥� seek recusal on grounds of judicial bias
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CommentThere鈥檚 a lot to learn: construction law resources on and offline
Tony Bingham highlights a newly published construction law compendium and sets out a range of online resources 鈥� many free
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CommentThe Post Office scandal and the fallibility of wanting to win
Expert witnesses are seen as unbiased, but they have a human flaw 鈥� the wish to win for their team. That鈥檚 part of what went wrong at the Post Office
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CommentOn second thoughts鈥� the slip rule in adjudication
Tony Bingham explores the limits of an adjudicator鈥檚 power to correct their own mistakes after the award has already been issued
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CommentGetting serious on serial disputes
Tony Bingham considers the subtleties of serial adjudications and when an adjudicator is bound by what was decided last time around
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CommentWhen does a party鈥檚 insistence on using preferred adjudicators shade into the risk of bias?
When does a party鈥檚 insistence on using preferred adjudicators shade into the risk of unconscious or perceived聽 bias?
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CommentRuling means court-ordered alternative dispute resolution extends beyond construction contracts
The appeal court has ruled that parties in any kind of聽dispute 鈥� not just construction 鈥� can be court ordered to use alternative dispute resolutions (ADR), explains Tony Bingham
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CommentAdjudication: how did it all get so complicated?
Tony Bingham looks at an ordinary adjudication of mind-bending complexity and wonders how this haas become the new norm
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CommentHow a new model law can provide oven-ready adjudication
Tony Bingham salutes the new ISAF model law on statutory adjudication, which is designed to be adopted by any country
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CommentAdjudication: it isn鈥檛 always pay now, argue later
The loser in an adjudication case can seek a stay of payment if it plans to appeal and the winner is financially unstable
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CommentTemporary finality in adjudication: Why you must pay now, argue later
A case where timing was all 鈥� from the temporary finality of the adjudicator鈥檚 decisions to the interim account dates