All articles by Tony Bingham
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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
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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?