All articles by Tony Bingham
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I’m a contractor... get me out of here!
Tony Bingham cheers the appeal court judges who have hacked away 20 years growth of confusion around payment notices
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Procuring our safety
Procurement issues lie at the root of the Grenfell Tower tragedy, argues our legal columnist: it’s dangerous for architects and engineers to cede control of how their specification is implemented
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Still beating the drum
In his first column, in April 1987, our legal columnist, criticised the CITB levy. As a new training charge looms, he assesses the 30 years since: ‘disputomania’, adjudication, and what happens next
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Who gets the bill?
A collapsed tunnel on a hydroelectric scheme left the contractor and employer in dispute about who should pay to have it rectified. So where does liability lie?
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Playing the game
A recent TCC case shows how the back and forth between contractor and employer around payment notices can descend into a parlour game
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Trump? Oh no it isn’t. Oh yes it is!
So much of the world - and construction in particular - looks like the back end of a panto horse. Imagine if we had a powerful, no-nonsense wheeler-dealer taking over the reins…
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Third time lucky?
Here’s a case that shows up the sheer muddle that is the Construction Act’s payment rules. They need to be rewritten - only not by those who made such a mess of it on the first two attempts
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The book group
Thinking about getting in some early Christmas shopping? Here are some thoughts on two new publications on construction law, available now
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Questioning expert witnesses
When an expert witness - a guardian of trust and knowledge - is proved wrong in court, it is tempting to try to turn psychologist and wonder what was going through his head
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Hot tubbing: Rub-a-dub-dub
Hot tubbing, where experts give evidence concurrently, is all the rage in Australia. Now it could be heading to these shores – except that it’s been here for 18 years already
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Collaboration express line
Once I was a sceptic about ‘collaboration’ but I have realised that it’s all just common sense
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Mental health issues: Turn the lights on
The industry must make progress on ensuring employees’ mental wellbeing – or brace itself for a rush of legal claims
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Adjudication: The list’s the thing…
As we celebrated 400 years since the Bard’s death last month, a High Court case reminds us how important it is to ask the right questions
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Contracts: Not so fast
Here’s a case about a Porsche dealer that promised a customer he was first in the queue for a rare GT3 - but then sold it to somebody else
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Ready for a reboot?
Adjudication, introduced as a quick-fix solution, has become blighted by tactical game playing. Perhaps it’s time to shake things up again
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Adjudication: Muddling through
A messy contract need not stop an adjudicator deciding the dispute – as long as they have jurisdiction
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Arbitration: New toys for the new year
The RICS and CIArb have re-branded arbitration. I like it
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Christmas stuffing
For those wondering what to put in their loved ones’ Xmas stocking this year, here are two page-turners about adjudication that will leave them feeling satisfyingly replete
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But the levy was dry …
The CITB should be a vehicle for world-class training but for over 50 years the levy has created resentment. It’s time for a rethink. However, current plans for reform do not go far enough
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In the right spirit
A High Court judge had to remind the parties in a recent case what adjudication was for - not a gladiatorial legal arena but a quick fix