All articles by Tony Bingham 鈥� Page 23
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Base motives
Starting from this month, anyone who repays a debt late is liable to an additional 12% per annum interest. So, how will late the late payers try to wriggle out?
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We shall not be moved
A second look at the Guidance for Adjudicators focuses on how not to be intimidated 鈥� either by the parties or by the huge piles of paper they throw at you
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A guiding light
The Construction Industry Council has come out with some guidance for adjudicators that should ensure that they now know exactly where they stand
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Oh, the brass!
There's an awful lot of folk upset with the CITB for having the cheek to use the training levy to discriminate against builders that use self-employed labour
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The new world order
Over the years, the role of the adjudicator has been transformed from an impartial first stage of problem-solving to the judicial last word on dispute resolution
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Barking neighbours
Your neighbours from hell may claim that what they're doing is perfectly legal, but if they're causing a nuisance, they can still end up in the doghouse
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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?