All articles by Tony Bingham
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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’t 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 – from the temporary finality of the adjudicator’s decisions to the interim account dates
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CommentBeware - some things only a solicitor can do
A claims consultant got on the wrong side of the law – risking prison – 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’s 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 – but it’s not a lien, as those aren’t allowed. They should be
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CommentWhen is a bully not a bully? Let’s 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’t 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’t blame the referee
Day-long mediation can simply be too stressful an environment to produce a good result. But what’s 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 – not to mention ever costlier
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CommentIt’s all just LAD stuff
Liquidated damages can be a curious business, and this latest case is no exception. Listen carefully, and I’ll begin …
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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 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
It’s time to bring domestic dwelling disputes within the adjudication provisions of the Construction Act – 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’ attempts to challenge arbitration rulings on dubious procedural grounds
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CommentThe fury of a homeowner
Tony Bingham is alarmed by an MP’s draconian suggestions for regulating domestic building works – and has a much better idea
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CommentGood faith strikes again
A new ruling shows you can’t breach part of a contract then use the contract machinery to turn that breach in your favour, explains Tony Bingham