All articles by Tony Bingham 鈥� Page 24
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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
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A Makarios moment
This year's book review includes an unmissable contract dictionary, even if it was attended by a meeting with the men in black, including a ghost from the Seventies
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Counter-intelligence
If you're unlucky enough to be on the wrong end of an adjudicator's award and the winner owes you money, can you take that off the amount due?
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My word against yours …
Remember the Discain vs Opecprime cause c茅l猫bre? Well, it's just been decided in court, and the trial offers an invaluable lesson on how the law really works
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Transcendental mediation
An 'adjudimed' is an adjudicator with knobs on, someone who will use mediation methods to get the parties to rise above the dispute and resolve it for themselves
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Getting in early
The Society of Construction Law has brought out a best practice guide for those gearing up for a dispute about delay. Do yourself a favour and download it now
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Getting burned
If you are going to rely on the design expertise of a specialist subcontractor, it's up to you to check it has what it takes to do the job – or run the risk of …
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Expert witless
The very strange case of three architects, two designs, a substandard expert witness and a judge who was left fuming
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Synchronise watches
If you are going to accuse someone of failing to progress work diligently, then you'd better make damn sure you have given them the correct extension of time
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Two go mad in Devon
Why do people pretend that arbitrators are wigless judges? As the parties to Pillar vs Edwards found out, you can pay through the nose for very rough justice
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Re-drawing the line
The Construction Act makes bizarre distinctions between what does and does not fall within its payment and adjudication provisions. Pencils out, everyone
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Promises, promises
Pity the subbie who thought that an oral agreement to foot a 拢1.3m bill could be relied on. It couldn't, and the subbie had to pay. The story begins in 1677 …
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Independence daze
How do arbitrators square their duty not to be swayed by outside pressure with their fear of being given the boot by the High Court? With difficulty, alas
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Question a silly answer
Tony Bingham An adjudicator makes a boob and the judge says he has answered the wrong question. But he hasn't: he's just answered the right question wrongly
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Don't take my word for it
When someone shakes your hand and says they intend to do business with you, you might reasonably believe you have an oral contract. Think again