All articles by Tony Bingham 鈥� Page 2
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CommentBeware - some things only a聽solicitor can do
A claims consultant got on the wrong side of the law 鈥� risking prison 鈥� by getting a tad too far into the legalities
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CommentAn adjudicator should deal with defects disputes, not the New Homes Ombudsman
This New Homes Ombudsman is a notion that鈥檚 all well and good, but its powers should not extend into defects disputes
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CommentAdjudicator fees: paying the piper ahead of the tune
Adjudicators demand payment up front for good reason 鈥� but it鈥檚 not a lien, as those aren鈥檛 allowed. They should be
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CommentWhen is a bully not a bully? Let鈥檚 look at Dominic Raab
Tony Bingham considers the curious question of Dominic Raab and how to tell the difference between bullying and effective management
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CommentParty on down: why the Party Wall Act doesn鈥檛 stand up
The Party Wall Act is not fit for purpose, as a recent dispute between Dagenham neighbours makes only too clear
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CommentDouble trouble: parallel process and adjudication
A contractor took its subcontractor to court halfway through an adjudication on the same issues. Then things got complicated
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CommentIf mediation drags on, don鈥檛 blame the聽referee
Day-long mediation can simply be too stressful an聽environment to produce a good result. But what鈥檚 to be done?
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CommentWhen a final account certificate is far from final
A dispute about the final account on a Scottish school got murkier and murkier 鈥� not to mention ever costlier
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CommentIt鈥檚 all just LAD stuff
Liquidated damages can be a curious business, and this latest case is no exception. Listen carefully, and I鈥檒l begin 鈥�
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CommentAsbestos victims deserve justice
Victims of asbestos-related illness caused in the workplace are too often left uncompensated, but that may change
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CommentCan collateral warranties be adjudicated?
The case of Abbey vs Simply Construction brought up the question of聽whether adjudication can apply to a collateral warranty
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CommentRemembering Roger Knowles
Arguably the inventor of the claims consultant, James R Knowles had a knack for communication second to none
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CommentHome extension is building too
聽It鈥檚 time to bring domestic dwelling disputes within the adjudication provisions of the Construction Act 鈥� this is getting crazy
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CommentIn praise of common sense in litigation
When an adjudicator resigned for pretty sound reasons, the referring party was remarkably determined to avoid paying his bill
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CommentPlease stop arguing with the arbitrator
The courts are pushing back against losers鈥� attempts to challenge arbitration rulings on dubious procedural grounds
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CommentThe fury of a聽homeowner
Tony Bingham is alarmed by an MP鈥檚 draconian suggestions for regulating domestic building works 鈥� and has a much better idea
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CommentGood faith strikes again
A new ruling shows you can鈥檛 breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham
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CommentStop deifying the institution
The RICS needs to move out of the Middle Ages: its true role is as a club that supports and trains its members, says Tony Bingham
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Comment拢1 notices aren鈥檛 worth the paper they鈥檙e printed on
A payment notice is invalid if it fails to set out the amount genuinely considered due 鈥� placeholder notices don鈥檛 count, says Tony Bingham
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CommentA liquid situation over damages
Tony Bingham tells of a subcontractor defending a liquidated damages claim that decided it did want to pay them after all, when the client changed tack