Publication
Date |
Article
Title |
Description |
| 2008 |
| 25 Apr. 08 |
10 Years of the Construction Act |
Tony Bingham discusses its relevance |
| 18 Apr. 08 |
Splendid Isolation |
Mediation should be left to its own devices |
| 11 Apr. 08 |
The Land of Make-Believe |
Construction is just like the McCartney/Mills divorce, and I'll tell you why... |
| 04 Apr. 08 |
Dough Well Spent |
A damn good read, your honour... |
| 28 Mar. 08 |
Adjudication á la Carte |
A shot in the arm for the adjudicator |
| 20 Mar. 08 |
So Much For Common Sense |
8-1 to the Employer... |
| 14 Mar. 08 |
Chop, chop |
Managing the Multiplex vs Cleveland Bridge litigation - a Herculean labour |
| 07 Mar. 08 |
No Fire Without Smoke |
Cause and effect: proof positive? |
| 29 Feb. 08 |
Hand Over All The Money |
Sempra Metals Ltd vs Inland Revenue: an interesting case, compounded |
| 22 Feb. 08 |
Keeping Mum About Mediation |
Mediation: ADR, but for how much longer? |
| 15 Feb. 08 |
JCT Framework Agreement: Umbrellas? Who needs ’em |
The JCT Framework Agreement: get ready to bail out your dinghy |
| 08 Feb. 08 |
A Diamond Among the Coal |
The OGC's Guide to Best Fair Payment Practices |
| 01 Feb. 08 |
The Price of Intransigence |
Premature mediation is a waste of time and money |
| 25 Jan. 08 |
What's Yours Is Mine |
The blunt and clumsy system of retentions - and why it's still with us |
| 18 Jan. 08 |
What It All Comes Down To |
Common sense in the Courtroom |
| 11 Jan. 08 |
Wellies, Muck and Diggers |
The Bingham review of books |
| 2007 |
| 14 Dec. 07 |
Raise a Glass to the Clerk of Works |
Here's to the Clerk of Works! |
| 07 Dec. 07 |
Talking Yourself Out of a Job |
A rudimentary lesson for rude builders |
| 30 Nov. 07 |
The Riddle of Existence |
What Dawes vs Treasure means for oral agreements |
| 23 Nov. 07 |
Time Wasters |
The fundamental unfairness of the law |
| 16 Nov. 07 |
Flogging a Dead Parrot |
How to get an Olympic gold in arguing |
| 09 Nov. 07 |
What the Fiona Tells Us |
Fiona could have quite an effect on adjudicators |
| 02 Nov. 07 |
The Simple Secret of Success |
It's not partnering, it's common sense |
| 26 Oct. 07 |
Leave Them Judges Alone |
Judges must be free to make unpopular decisions |
| 19 Oct. 07 |
Its Own Worst Enemy |
Why the Construction Act and PFI are at loggerheads |
| 12 Oct. 07 |
It Ain't Necessarily So |
On disputes, adjudication, the rule book and plain old common sense |
| 05 Oct. 07 |
What Are Words Worth? |
From Russia with no love: how a cultural difference ended up in court |
| 28 Sep. 07 |
A House Up A Well-Known Creek |
Who can help a man whose house was flooded with sewage 17 times? |
| 21 Sep. 07 |
There Is No Alternative |
Lawyers are great and you need them. No, really... |
| 14 Sep. 07 |
KISS and Tell |
Give us a KISS - keep it short and simple, that is |
| 07 Sep. 07 |
Happy Ever After |
The specialist contractors' toolkit that aims to spread the love |
| 31 Aug. 07 |
Do You Have Breakdown Cover? |
Why the negligent party didn't have to pay for the damage when a pipe burst |
| 24 Aug. 07 |
Thank You, M'Lud |
A vote of confidence for adjudication - and not in the football sense either |
| 10 Aug. 07 |
Mind Your Language, Minister |
The proposed new payment rules are great, so long as you're fluent in Double Dutch |
| 03 Aug. 07 |
An Exemplary Disaster |
The domestic rewiring job that became a six-figure fiasco |
| 27 Jul. 07 |
You Bought It, You Pay For It |
Why fixed-price lump-sum contracts are like jelly |
| 20 Jul. 07 |
The Battle of Easingwold |
Consumers need a right to adjudicate, starting with Margaret Tomlinson |
| 13 Jul. 07 |
JCT Sleeps with the Fishes |
Standard forms stink like a week-old mackerel. Let's sling the lot of them out |
| 06 Jul. 07 |
No More Boobs |
Construction Act Review: they might throw out that infernal 'contracts in writing' rule. About time |
| 29 Jun. 07 |
Guaranteed Trouble |
Zurich vs Gearcross: another nasty domestic |
| 22 Jun. 07 |
Nothing If Not Critical |
Mirant vs Arup: a merry dance up the critical path |
| 15 Jun. 07 |
Nobody's Forcing You To Do It |
Remember, adjudication's rules may be mandatory but adjudication itself isn't |
| 08 Jun. 07 |
Let the Supplier Beware |
Don't get tripped up by consumer protection law |
| 01 Jun. 07 |
Circumstances Change Cases |
Circumstances: a big word that made a big difference in
Dundas vs Wimpey |
| 25 May 07 |
Hell is a Very Small Place |
The job was only worth £25k, but the court battle was savage |
| 18 May 07 |
Here's to Tony |
Bingham's verdict on Blair |
| 11 May 07 |
Yes, Folks, It's The Fab Follies |
"No agreement in writing" and more greatest hits from the Litigationettes |
| 04 May 07 |
Bully Beef |
Construction's bullies |
| 27 Apr. 07 |
The Percentage Game |
Ian McGlinn part two: this time it's legal costs |
| 20 Apr. 07 |
Someone To Watch Over Me |
Stressed judges now have a 24-hour helpline. Can adjudicators get one, too? |
| 13 Apr. 07 |
Ian McGlinn vs Everybody Else |
What could make a man tear down a brand new £4M house? |
| 05 Apr. 07 |
Fouled By Your Own Side |
Whatever you do, don't foul your own team |
| 30 Mar. 07 |
The Man In Black |
A sporting referee is nothing like a judicial one |
| 23 Mar. 07 |
Getting Arise out of a Challenge |
Jurisdictional challenges have been around forever. Are they about to change? |
| 16 Mar. 07 |
Pulling a Fast One |
The judge's judicious judgment |
| 09 Mar. 07 |
Keep It Together |
Don't get in a tangle when unwinding adjudications |
| 02 Mar. 07 |
Through Another Man's Eyes |
Try to put yourself in a builder's shoes, m'lud |
| 23 Feb. 07 |
Lien Over |
Can an adjudicator keep the award until he gets paid? Well, he can try... |
| 16 Feb. 07 |
Both Ends Against the Middle |
Those pesky adjudicators are coming up with their own arguments again |
| 09 Feb. 07 |
A Modest Proposal |
Why can't we have one simple set of contracts? |
| 02 Feb. 07 |
Writing Wrongs |
A nifty solution to the 'contracts in writing' shambles |
| 26 Jan. 07 |
It's Different This Time |
Adjudication's job is to decide the 'now' dispute. Or is it? |
| 19 Jan. 07 |
A Difference of Emphasis |
Skanska, Somerfield and the letter that ended their engagement |
| 12 Jan. 07 |
Bitter Fighting on the Home Front |
Think your project dispute is vicious? You want to try a domestic |
| 05 Jan. 07 |
End This Travesty |
This year, can we just do what it says in our job descriptions? |
| 2006 |
| 15 Dec. 06 |
Santa's Book Collection |
Looking for the perfect gift for your favourite architect or
subby? Try one of these books |
| 08 Dec. 06 |
Playing Their Silly Games |
Contracts in writing, strict timetables and other very silly adjudication rules |
| 01 Dec. 06 |
Errors of Judgment |
Six rulings on adjudication, all wrong |
| 24 Nov. 06 |
Threatening Behaviour |
You can't sue an expert witness if things don't go your way... |
| 17 Nov. 06 |
Make Time Wasters Pay |
Let's get tough on the courtroom time-wasters |
| 10 Nov. 06 |
The Times They Have a-Changed |
Suing architects: a warning from history |
| 03 Nov. 06 |
Dances With Gorillas |
How to stop "dancing with lawyers" becoming an Olympic event |
| 27 Oct. 06 |
What Rights Does a Tree Have? |
When do trees have more rights than homeowners? |
| 20 Oct. 06 |
Tarred with the Same Brush |
The bitumen cartel story with a sting in the tale for the parents |
| 13 Oct. 06 |
Helping the Poor Struggler |
We all love an underdog. But do they deserve special treatment? |
| 06 Oct. 06 |
Do You Want To Know a Secret? |
Strictly between us, you won't like the DTI's plans for adjudication |
| 29 Sep. 06 |
Read Them and Weep |
Letters of intent. Can you rely on them? |
| 22 Sep. 06 |
Certifiable Adjudicators |
Adjudication - it's just not cricket |
| 15 Sep. 06 |
Certifiable Adjudicators |
Adjudication - it's just not cricket |
| 08 Sep. 06 |
Don't Touch That Dial |
Why arbitrators shouldn't make phone calls |
| 01 Sep. 06 |
The Way The Money Goes |
A plea from the heart |
| 25 Aug. 06 |
The Pitfalls of DIY |
DIY can lead to damages if handymen don't take care |
| 11 Aug. 06 |
Don't Poke Lions |
Poke a lion and you may well get bitten |
| 04 Aug. 06 |
Blood on the Tracks |
Why was Balfour Beatty's fine for the Hatfield disaster cut by £2.5M? |
| 28 Jul. 06 |
The Killer Blow |
Before Botes Building went into administration, it lost a £300k battle with a client |
| 21 Jul. 06 |
Just Call Me Rambo |
Mediators should be free to discuss a case's merits |
| 14 Jul. 06 |
The Perils of Using Your Initiative |
When not to use your initiative |
| 07 Jul. 06 |
Trump That! |
When an interim statement trumps a final one |
| 30 Jun. 06 |
Stop Right There |
The Wembley debacle |
| 23 Jun. 06 |
The Correct Use of Courts |
What are the courts actually for? |
| 16 Jun. 06 |
Volunteers? You and
You |
Are judges bullying us into mediation? |
| 09 Jun. 06 |
You'll Do… |
Why the architect was negligent when the subcontractor went wrong |
| 02 Jun. 06 |
An American Ambush |
Let me introduce you to the notions of sandbagging |
| 26 May 06 |
The Quiet American |
The Americans don't quite get the benefits of our adjudication system |
| 19 May 06 |
Stop Right There |
How FIDIC plans to stop disputes before they start |
| 12 May 06 |
Tax and Spend |
What exactly is a Section 106 Agreement? |
| 05 May 06 |
Was Ellis Right on Wallis? |
28 days later... |
| 28 Apr. 06 |
It'll Run Rings Round Them |
The essential move that will keep the Games on track |
| 21 Apr. 06 |
The Pursuit of Truth |
How a windows dispute ended up at the Appeal Court |
| 13 Apr. 06 |
Judging the Judges |
A great judge may be a lousy mediator |
| 07 Apr. 06 |
What Have You Got? |
Dispute resolution: why players should show their cards |
| 31 Mar. 06 |
Too Much? |
Can an adjudicator make up an argument from evidence? |
| 24 Mar. 06 |
Nil Desperandum |
When adjudication decisions are open to question |
| 17 Mar. 06 |
An Unlikely Story |
Impartial certifiers? That's a joke |
| 10 Mar. 06 |
The Greater Good |
Paediatrician Sir Roy Meadows' treatment was disgraceful... |
| 03 Mar. 06 |
One Thing Straight |
Brats and spats at the DTI's Construction Act Consultation |
| 24 Feb. 06 |
Let Us Examine the Facts |
Why I love Judge John Deed |
| 17 Feb. 06 |
Beware of Mental Wizards |
YA slap on the wrist for a naughty adjudicator |
| 10 Feb. 06 |
Noises Off |
You can't argue properly if you haven't heard the other side |
| 03 Feb. 06 |
The Clues Are All There... |
The DTI review could mean more work for adjudicators |
| 27 Jan. 06 |
Just Don't Do It |
How adjudicators are giving themselves a bad name |
| 20 Jan. 06 |
Scramble! |
When George Wimpey went to the Court of Appeal |
| 2005 |
| 16 Dec. 05 |
A Night to Regret |
From a wee dram to a night in the cells: a Christmas story |
| 09 Dec. 05 |
A Painful Case |
How a grumpy job turned into a £7.5m bill for Birse |
| 02 Dec. 05 |
You’re Mistaken, M’Lud |
Why the Court of Appeal got it wrong in Carillion vs Devonport |
| 25 Nov. 05 |
People Who Care |
Why an engineer got it in the neck for a subby's mistake |
| 18 Nov. 05 |
I'm Feeling a Bit Fuzzy |
Emcor Drake & Scull's nasty case of fuzzy-edge disease |
| 11 Nov. 05 |
Drop the Dead Duck |
If you doggedly pursue a claim that looks doomed to failure, you are going to be punished |
| 04 Nov. 05 |
Behind the Veil |
How courts can lift the veil and see who's really running a firm |
| 28 Oct. 05 |
Cold Comfort |
If we are in for a long, cold winter, does it count as an "exceptional event"? |
| 21 Oct. 05 |
On Being Naughty |
What can happen if you're late with your tax returns |
| 14 Oct. 05 |
Why Bribery is a Bad Idea |
One man's 10% commission is another man's kickback |
| 07 Oct. 05 |
Story Time Is Over |
I'm so sick of your lies |
| 30 Sep. 05 |
A Family Affair |
How one man (and his mum) conned the Millennium Dome out of £4m, and got four years |
| 23 Sep. 05 |
War of the Words |
Another letter of intent that caused an almighty row |
| 16 Sep. 05 |
A Happy Compromise |
What do you get if you cross an arbitrator with a mediator? |
| 09 Sep. 05 |
All Too Human |
How to protect yourself against adjudicators' unconscious bias |
| 02 Sep. 05 |
Offensive Manoeuvres |
This means war: how an angry client tried to demolish their arbitrator's reputation |
| 26 Aug. 05 |
A Wardance |
A common disaster |
| 12 Aug. 05 |
It's ... Robo-adjudicator! |
Why adjudicators need to take a lot of holiday reading away with them this summer |
| 05 Aug. 05 |
Fractal Law |
When it comes to the law, even really simple things are complicated |
| 29 Jul. 05 |
A Six-Year Stretch |
A £60M power station claim that created a lot of heat … |
| 22 Jul. 05 |
Go Ask Alice |
How it is possible to be a day late even though you're a day early |
| 15 Jul. 05 |
Whose Side Are You On? |
At last we know the project manager's duty under the NEC |
| 08 Jul. 05 |
Asking For It |
Can you hang on to your cash if you lose an adjudication to a firm that may become insolvent? |
| 01 Jul. 05 |
Wriggle Room |
How a developer tried three way to get out of paying £170k to its contractor |
| 24 Jun. 05 |
The Big Squeeze |
What happened when things got messy between Bechtel and the St Pancras contractors |
| 17 Jun. 05 |
Ideal for Multiple Injuries |
Too late with your adjudication defence? Try again next month |
| 10 Jun. 05 |
The Dickens of a Case |
A High Court battle that could have been settled over lunch |
| 03 Jun. 05 |
Bang Out of Order |
Why rogue builders don't deserve ASBOs |
| 27 May 05 |
Too Much To Ask For? |
Keep 'em peeled for a tricky little clause in RIBA SF/99 |
| 20 May 05 |
28 Days Later |
Adjudication takes 28 days - if everyone agrees that on day one |
| 13 May 05 |
Try This |
There is a way to help small builders such as Alan Danieli |
| 06 May 05 |
Devoured By Their House |
A cautionary tale for devotees of television property shows... |
| 29 Apr. 05 |
A Tense Situation |
Small words can make a big difference in adjudication notices |
| 22 Apr. 05 |
It's a Pope Thing |
Poor old Galileo - in his day evidence didn't count for much |
| 15 Apr. 05 |
How To Be A Good Dog |
Why an adjudicator mustn't help out David against Goliath |
| 08 Apr. 05 |
Away with the Fairies |
Why we should change the law, not adjudicators' powers |
| 01 Apr. 05 |
Directions to Dartmoor |
The 47 scenarios where law-bending becomes law-breaking |
| 24 Mar. 05 |
Sort Out Your Attitude |
It's not enough to just be right |
| 18 Mar. 05 |
Say When |
When is whenever? |
| 11 Mar. 05 |
For Your Eyes Only |
What does writing the magic words "without prejudice" do? |
| 04 Mar. 05 |
Shock and Or |
How a job spec can have more than one interpretation |
| 25 Feb. 05 |
Exception to the Rule |
Did you know an owner of a limited firm can still be liable? |
| 18 Feb. 05 |
Stop Having Fun |
Why adjudication should lose the element of surprise |
| 11 Feb. 05 |
Plugging Away |
Why building control officers' eyes are lighting up over new electrical safety regulations |
| 04 Feb. 05 |
Hired Gun Takes a Bullet |
There's a fine line between an expert witness and a hired gun |
| 28 Jan. 05 |
Chilling Thoughts |
The dangers of draughty shopping centres |
| 21 Jan. 05 |
East, West, Probity’s Best |
All praise to the World Bank for its tough rules on working in disaster zones |
| 14 Jan. 05 |
Living with The Others |
How should real people deal with the ghost world of the law? |
| 07 Jan. 05 |
Some Relationship Advice |
Letters of intent ... quick, the drawbridge! |
| 2004 |
| 17 Dec. 04 |
Jingle All The Way |
Why not give your site a special present next year? |
| 10 Dec. 04 |
Who Are You Today? |
It’s one rule for consumers and another for the rest of us |
| 03 Dec. 04 |
The Prongs of Doom |
Why the biased adjudicator will always become unstuck |
| 26 Nov. 04 |
Kindly Leave the Stage |
Don't like an adjudicator's decision? Fetch another one |
| 19 Nov. 04 |
When Can You Be Unfair? |
Adjudicators who ignore natural justice need a good thrashing |
| 12 Nov. 04 |
Private Investigations |
It's tempting to act like a private detective, but adjudicators be warned... |
| 05 Nov. 04 |
Tackle it with Eezyjudge® |
How to climb a paper mountain |
| 29 Oct. 04 |
Nothing Comes of Nothing |
Dear, dear diary |
| 22 Oct. 04 |
Safety Deposit |
Will the idea of trust funds as payment protection take off? |
| 15 Oct. 04 |
Red Alert |
Traffic lights signal new directions for adjudication |
| 08 Oct. 04 |
Trouble in the Nursery |
Nannying doesn’t work when it comes to payment plans |
| 01 Oct. 04 |
Uncool Customer |
Why Holyrood is a lesson in paying for what you get |
| 24 Sep. 04 |
Money's Silver Tongue |
If you want an adjudicator to quit, asking nicely isn't enough |
| 17 Sep. 04 |
£70k a Pop |
How to lose £70k |
| 10 Sep. 04 |
Through the Looking
Glass |
If you agree something in writing, that's an "agreement in writing", isn't it? Er... |
| 03 Sep. 04 |
Mrs Bingham's Lament |
Leaky hosepipes and summer frocks |
| 27 Aug. 04 |
Six Ways to Handle Risk |
Six ways to handle risk - one of which might actually work |
| 13 Aug. 04 |
Compulsory Purchases |
Some compulsory - and compulsive - holiday reading |
| 06 Aug. 04 |
The Butler Test |
On the similarities between Tony Blair and adjudicators |
| 30 Jul. 04 |
It's a Long, Long Road |
Ireland needs smoother roads, but is design-and-build the least bumpy form of contract? |
| 23 Jul. 04 |
First Things Last |
Why did the Scottish parliament cost so much more than planned? It's as simple as this... |
| 16 Jul. 04 |
Murphy's Law in Action |
Tricky things, global claims |
| 09 Jul. 04 |
Capper's Way |
A girl called Iris |
| 02 Jul. 04 |
Just Blow The Whistle |
Referees are not allowed to score goals |
| 25 Jun. 04 |
Legal Aliens |
Seeing little green men |
| 18 Jun. 04 |
Demons and Angels |
Claims consultants on the road to Damascus |
| 11 Jun. 04 |
The Nature of the Beast |
Adjudicators are in the grip of an identity crisis |
| 04 Jun. 04 |
Miss Mediation |
Judges see mediation as marriage guidance, but not everyone can learn to Relate |
| 28 May 04 |
Step Right In |
How an impressive adjudicator got his decision thrown out |
| 21 May 04 |
Up the Workers |
You can't treat a self-employed worker like a company |
| 14 May 04 |
Picking the Ponies |
Horses for adjudication courses |
| 07 May 04 |
Hold Up! |
Apparitions and ambushes |
| 30 Apr. 04 |
Blood and Treasure |
Construction's Jolly Roger |
| 23 Apr. 04 |
Kate's Impossible Dream |
Are you builders really going to let Kate Barker talk to you like that? |
| 16 Apr. 04 |
Innocence and Experience |
On the adjudicator who didn't avert his gaze |
| 08 Apr. 04 |
Leave The Act Alone |
Mr Brown and Mr Prescott, please don't meddle with our
act |
| 02 Apr. 04 |
Man Bites Dog |
Why the CITB need to ditch the detector vans and work to make training more appealing |
| 26 Mar. 04 |
Pinned and Needled |
Let's hear it for Bob Ames! |
| 19 Mar. 04 |
Get Shorty |
Kangaroo courts and lynch mobs shouldn't play golf |
| 12 Mar. 04 |
A Misjudgment |
How the Court of Appeal got it wrong in Pegram vs Tally Wiejl |
| 05 Mar. 04 |
A Salty Tale |
The Courts and their struggle with the truth |
| 27 Feb. 04 |
Private Prejudice |
What happened to Judge Seymour in Co-op vs ICL |
| 20 Feb. 04 |
The Silent Service |
Why adjudicators don't need a magnifying glass or deerstalker |
| 13 Feb. 04 |
Stakes and Ladders |
Why you should never take a shortcut in an adjudication |
| 06 Feb. 04 |
Performance Driven |
Let's put every adjudicator through a cranial MOT |
| 30 Jan. 04 |
Gripping Stuff |
Do adjudicators have the nous to tackle professional negligence |
| 23 Jan. 04 |
Shadows and Doubt |
How unfair do you have to be before your decision is kicked out? |
| 16 Jan. 04 |
No Job For Superman |
An adversarial legal system has no room for know-all experts |
| 09 Jan. 04 |
Doing The Twist |
Judges punish those who use adjudication cynically |
| 2003 |
| 19 Dec. 03 |
Suspect Everyone |
In our line of business, trust is a luxury that we can't afford |
| 12 Dec. 03 |
Check, Please |
Under the JCT design-and-build form, an application for payment is the sum due |
| 05 Dec. 03 |
Give 'em Their Due |
How the Victorians managed without the Construction Act (badly) |
| 28 Nov. 03 |
The Ugly Duckling Test |
How to distinguish a duckling from a swan - legally speaking |
| 21 Nov. 03 |
Cos I Say So |
A teeny-tiny case clarifies a huge point about adjudication |
| 14 Nov. 03 |
A Watertight Sieve |
What could be better than an all-risks insurance policy? |
| 07 Nov. 03 |
Beware of Bunny Boilers |
You the Client may want to sack a builder - but mind they don't go all Glenn Close on you |
| 31 Oct. 03 |
Ask the Aspidistra |
To be asked your opinion is flattering; for it to be acted on is a sure vote winner |
| 24 Oct. 03 |
Cruel and Usual Treatment |
The subbie as scapegoat |
| 17 Oct. 03 |
The Peacemakers |
The superheroes who stop disputes before they start |
| 10 Oct. 03 |
Angels and Martians |
The organisation that thinks it can reconcile householders with their builders |
| 03 Oct. 03 |
Legal Substances |
Your favourite legal beagle reviews three books that could change your life |
| 26 Sep. 03 |
A Few Hiccups... |
What shall we do with the drunken judges? |
| 19 Sep. 03 |
The Arrangement |
Warning to all subbies: don't believe clients who promise to sort you out if the contractor goes under |
| 12 Sep. 03 |
Be Serious |
On reading contracts |
| 05 Sep. 03 |
How Can You Judge? |
When a judge should hold his tongue |
| 29 Aug. 03 |
When the Ref's Offside |
It seems that the rules on bias are even more strict than we thought |
| 15 Aug. 03 |
Look Here, My Man... |
Remember that weird case about the man who sued after buying boilers that worked? Well there's more... |
| 08 Aug. 03 |
I Know Your Sort |
How do you judge if a witness is reliable? |
| 01 Aug. 03 |
No Free Lunches |
What happens if you refuse to pay a piper? |
| 25 Jul. 03 |
No Sex Please |
Why Tony Blair would not make a good adjudicator |
| 18 Jul. 03 |
Aim for the Head |
Who is going to be first against the wall when the corporate
killing bill comes in? |
| 11 Jul. 03 |
Mirror, Mirror on the Wall |
The extreme sensitivity of the British legal system to bias |
| 04 Jul. 03 |
Upside Down, Up in Front |
We could learn a thing or two about our Construction Act from our Kiwi colleagues |
| 27 Jun. 03 |
Instant Justice |
In a shouting competition, arbitration beats adjudication - but that's not a good thing |
| 20 Jun. 03 |
Whizz-bang Walloped |
Witnesses? Experts? It's much quicker to cut straight to the verdict |
| 13 Jun. 03 |
Ah-ha!!! |
Oh dear: the courts have upheld an ambush adjudication |
| 06 Jun. 03 |
Hang Loose, Man |
Taking a mellowed-out approach to disputes |
| 30 May 03 |
Easy Steps to Hair Loss |
A study of hair loss among construction lawyers |
| 23 May 03 |
Likely Story |
How a naughty builder forged his client's signature on a contract |
| 16 May 03 |
Poking The Paymaster |
How to get someone you've just upset to give you money |
| 09 May 03 |
Blow Your Rights |
Why comparing mediation to litigation is legally illiterate |
| 02 May 03 |
Everyman's Adjudication |
Get this booklet. Believe me, you need this booklet |
| 25 Apr. 03 |
Bringing Up Baby |
Adjudication celebrates its fifth birthday. Many happy returns! |
| 17 Apr. 03 |
The Sound of Fiddles |
The dangers of turning a blind eye to iffy commercial contracts |
| 11 Apr. 03 |
Premature Adjudication |
The Bard, the builder, the racing driver and the punch-up |
| 04 Apr. 03 |
Know Your Onions |
Why onions made an architect cry |
| 28 Mar. 03 |
Get Your Retaliation In First |
What's more fun? Developing a trusting realtionship, or getting one over on the other party? |
| 21 Mar. 03 |
Never Trust A Copper |
Do you know how much hot water new copper pipes can get you into? |
| 14 Mar. 03 |
Not So Fast, George |
George Bush thinks that resolution 1441 allows him to invade Iraq. Is he right? |
| 07 Mar. 03 |
Raging Bull |
The strange case of Mr Justice Jacob vs Michael Wilkey |
| 28 Feb. 03 |
Blair vs Hussein |
You are the jury in Blair vs Hussein. What's your decision? |
| 21 Feb. 03 |
Take This For Your Trouble |
Sorting out hassle that's not your fault? Claim it as a loss |
| 14 Feb. 03 |
Adjudication is King |
When parliament gave birth to the adjudicator, it had no idea what a splendid specimen he would grow up to be |
| 07 Feb. 03 |
Go Whistle |
The clash between statute and contract law |
| 31 Jan. 03 |
John Armitt's Coup |
What John Armitt's decision to take back of the rail network really means |
| 24 Jan. 03 |
Freezing Points |
When can a court freeze an adjudicator's decision? |
| 10 Jan. 03 |
More Cherry, Anyone? |
Can you go to adjudication and lose, then go back and win? |
| 2002 |
| 20 Dec. 02 |
Fog Warning |
How to avoid paying what an adjudicator decides you should pay |
| 13 Dec. 02 |
Sauce Material |
IT and the Internet: spam, porn and even useful information |
| 06 Dec. 02 |
Keep It Clean |
How to make your adjudication judge-proof |
| 29 Nov. 02 |
Shame, Brunel, Shame |
Brunel? Great Briton? You must be joking |
| 22 Nov. 02 |
Ten Years Later... |
Foreseeing the unforeseeable |
| 15 Nov. 02 |
A Night on the Tiles |
If the noise from upstairs is driving you round the bend, hush it up in the courts |
| 08 Nov. 02 |
The Banality of Error |
How can a party to a dispute be right and still lose? |
| 01 Nov. 02 |
A Landmark Protocol |
The Society of Construction Law has just published its splendid delay protocol |
| 25 Oct. 02 |
You Poor SAP |
The story of the developer who bought and installed some perfectly good boilers, refused to pay, got sued - and won |
| 18 Oct. 02 |
Don't Be Nice, Be Fair |
Contracts are for sticking up the other party's nose |
| 11 Oct. 02 |
Tales You Lose |
On going straight to jail |
| 04 Oct. 02 |
Do Yourself a Mischief |
When is it well worth giving yourself a hernia? |
| 27 Sep. 02 |
This Really Works... |
The Woolf litigation reforms tell everyone to love their enemies. Amazingly, they're working... |
| 20 Sep. 02 |
A Tragic Obsession |
The tragic case of the party who drowned in his own case |
| 13 Sep. 02 |
No More Surprised Parties |
Why you must must present the other party's case to an adjudicator |
| 06 Sep. 02 |
Knockout Argument |
Sometimes, going to court is the smart thing to do |
| 30 Aug. 02 |
Base Motives |
Penal interest rates have been levied on all commercial debt. How do you wriggle out of it? |
| 16 Aug. 02 |
We Shall Not Be Moved |
How adjudicators can hold their own in a fight |
| 09 Aug. 02 |
A Guiding Light |
At last, adjudicators have some guidance to help them through
the legal jungle |
| 02 Aug. 02 |
Oh, the Brass! |
Why industry tax collectors are muscling out the self-employed |
| 26 Jul. 02 |
The New World Order |
The transformation of adjudication |
| 19 Jul. 02 |
Barking Neighbours |
You don't have to put up with nuisance neighbours |
| 12 Jul. 02 |
Bully Beef |
What part does intimidation play in legal cases? |
| 05 Jul. 02 |
Having a Bawl |
A brand new objection to adjudication |
| 28 Jun. 02 |
An Expensive Encore |
How eggs, dimples and broom handles helped a pianist to
practice |
| 21 Jun. 02 |
Of Apes, Men and
Swine |
Fear and loathing in the construction industry |
| 14 Jun. 02 |
Word Domination |
What are your chances of success with a global claim? |
| 08 Jun. 02 |
Ours Not to Reason
Why |
The importance of doing what you're told |
| 31 May 02 |
See You, Jimmy |
The trial of Jimmy Young |
| 24 May 02 |
In The Soup |
A star employee left a QS and took a plum contract with him -
what happened next? |
| 17 May 02 |
Guilty As Charged |
Why is the CIArb charging its members for their own trials? |
| 10 May 02 |
Talking Shop 'Til
You Drop |
The Society of Construction Law is a fine institution - but
it's about to drop a clanger |
| 03 May 02 |
It's a Side Issue |
The more tricks adjudicators learn from judges, the better
judges are going to like them |
| 26 Apr. 02 |
One Way To Look At
It |
Can you get away with bundling a list of complaints into one
almighty dispute? |
| 19 Apr. 02 |
Poor Superman |
Adjudicators are meant to come to the rescue, but they often
end up being the victim |
| 12 Apr. 02 |
A Question Of ...
Timing |
If two parties owe each other money, why can't they just pay
the difference? |
| 05 Apr. 02 |
Indecent Proposal |
The Happys, the Grumpys, their builder and the High Court
judge |
| 28 Mar. 02 |
Mightier Than The
Word |
How much legal weight do memos and minutes carry? |
| 22 Mar. 02 |
Sock It To 'em,
RICS |
What's wrong with the RICS' advice to adjudicators |
| 15 Mar. 02 |
No Great Sheiks |
How a Sheik got milked |
| 08 Mar. 02 |
Losing Your
Inhibitions |
The Scots have just made it more difficult to freeze assets |
| 01 Mar. 02 |
Colourful Language |
Three colourful new contracts from the JCT |
| 22 Feb. 02 |
Dumb and Dumber |
If an adjudicator dreams up a bit of law but doesn't tell, is
natural justice breached? |
| 15 Feb. 02 |
Error of Our Ways |
To err is human, to put it right divine. So hurrah for the
RICS |
| 08 Feb. 02 |
A Makarios Moment |
A literary meeting with Archbishop Makarios' ghost |
| 01 Feb. 02 |
Counter-Intelligence |
If you lose an adjudication and the winner owes you money, can
you take it off the award? |
| 25 Jan. 02 |
My Word Against
Yours... |
How the law really works, as Opecprime has just found out |
| 18 Jan. 02 |
Transcendental
Mediation |
The new breed of super-adjudicator |
| 11 Jan. 02 |
Getting In Early |
The Society of Construction Law's new guide to extensions of
time is essential reading |
| 2001 |
| 14 Dec. 01 |
You'll Pay For This |
Agree or disagree with an adjudicator's decision, you still
have to pay their fees |
| 07 Dec. 01 |
Getting Burnt |
How a Contractor got badly burned in a dairy fire |
| 30 Nov. 01 |
Expert Witless |
The strange case of the inexpert witness |
| 23 Nov. 01 |
Synchronise Watches |
If you look like you're trying to pick a fight, you'll lose it |
| 16 Nov. 01 |
A Spot of Bovver |
The case of Useless Arbitrator -v- Mistaken Judge |
| 09 Nov. 01 |
Two Go Mad in Devon |
Arbitration needs a damn good thrashing... |
| 02 Nov. 01 |
Re-Drawing the Line |
Why we need some plasterers in Parliament |
| 26 Oct. 01 |
Promises, Promises |
Some promises shouldn't be believed... |
| 19 Oct. 01 |
Watch The Small
Print |
Watch out for the elephant trap in JCT 98 |
| 12 Oct. 01 |
Independence Daze |
Arbitrators can have their decisions swayed by fear of
criticism - or the sack |
| 05 Oct. 01 |
Question a Silly
Answer |
A tricky philosophical problem with adjudication |
| 28 Sep. 01 |
Don't Take My Word
For It |
Why an oral contract may not be worth the paper it's written
on |
| 21 Sep. 01 |
Dinky Is The New
Big |
Two new forms of contract: the Short Form of Subcontract and
ICE Minor Works |
| 14 Sep. 01 |
Oh, For a Bucket of
Water |
The Fire Precautions Act is more than bad. It's downright
dangerous |
| 07 Sep. 01 |
Fair Do's |
The DTI's proposals to improve adjudication are wrong, but
three cheers anyway... |
| 31 Aug. 01 |
Don't Be Daft |
Important guidance from the Courts on when they'll overturn an
adjudicator's decision |
| 17 Aug. 01 |
Running For Cover |
Now that consultants are personally at risk from claims, they
need some cover... |
| 10 Aug. 01 |
Well, You're No
Judge |
With a change of image, arbitration could make a big comeback |
| 03 Aug. 01 |
Too Close to Call |
Lack of independence of expert witness |
| 27 Jul. 01 |
Speaking Volumes |
Must-buy books on dispute management and contract law |
| 20 Jul. 01 |
Take Notice |
At long last we have some sound judicial guidance on payment
notices |
| 13 Jul. 01 |
Nothing By Halves |
The party that calls an adjudication can't just refer the bit
it thinks it will win |
| 06 Jul. 01 |
Creative Contracts |
The Construction Act is for us alone, but some outsiders are
trying to get in on it |
| 29 Jun. 01 |
Read the Small
Print |
Watch out for the small print in your insurance policy |
| 22 Jun. 01 |
It's a Long
Story... |
The couple whose ideal home turned into a five year court
battle with their surveyor |
| 15 Jun. 01 |
We'll All Be Losers |
The CIB is wrong to say parties to an adjudication should pay
their own costs |
| 08 Jun. 01 |
Fuzzy Logic |
How accurate must architects' drawings be? |
| 01 Jun. 01 |
Do What You Do |
Lawyers have a duty to defend a hopeless case, but they must
not lie |
| 25 May 01 |
On Keeping Stumm |
Be careful not to create an impression of bias |
| 18 May 01 |
Your Word Against
Mine |
When is a dispute not a dispute? When you call it a matter of
dissatisfaction |
| 11 May 01 |
Get Real, m'Lud |
Has the judge in Discain made life harder for
adjudicators? |
| 04 May 01 |
The Weakest Link |
The first full ruling in human rights vs adjudication |
| 27 Apr. 01 |
Difficult Sums |
A project is delayed leaving you temporarily out of pocket.
Should you recover the loss? |
| 20 Apr. 01 |
You're Asking For
It |
Watch how you write your referral notice: adjudicators can
only do what they're asked |
| 12 Apr. 01 |
Get Off My Back |
Why back-to-back subcontracts rarely work |
| 06 Apr. 01 |
You've Been Warned |
Does the Aurum ruling clarify the law on duty to warn? |
| 30 Mar. 01 |
We Love You |
Can banks and small construction firms get along? |
| 23 Mar. 01 |
The Profession Rules, OK |
Why the RIBA may be forced to re-evaluate its fee guide |
| 16 Mar. 01 |
Holding On |
Is an adjudicator's decision binding if a firm is insolvent? |
| 09 Mar. 01 |
Playing for Both
Sides |
Can an adjudicator try to mediate between the parties? |
| 02 Mar. 01 |
Vengeance Is Mine |
Will the new offence of "corporate killing" actually
do any good? |
| 23 Feb. 01 |
Looking For Trouble |
What happens if you try to get your retaliation in first |
| 16 Feb. 01 |
As Clear As Mud |
Why judges must explain themselves - and what happens if they
don't |
| 09 Feb. 01 |
Eek a Mouse! |
Why an elephant tried to hang from a chandelier |
| 02 Feb. 01 |
Raising Some
Interest |
Why small firms must now pay their bills on time |
| 26 Jan. 01 |
Ask Yourself This |
Can adjudicators rule on questions they weren't asked? |
| 19 Jan. 01 |
A Cold Climate |
Why the climate change levy is just another tax |
| 12 Jan. 01 |
Trench Warfare |
What amounts to "reasonable care and attention"? Try
cutting through an electricity cable and you'll soon find out |
| 05 Jan. 01 |
Going
For Goal |
Panatown vs McAlpine: A decade of unnecessary litigation and it's still not over |
| 2000 |
| 15 Dec. 00 |
False
Sense of Security |
What
happens if a builder issues a Buildmark when he isn't qualified? |
| 08 Dec. 00 |
Gutter
Sniping |
What's
the best way of suing an architect? |
| 01 Dec. 00 |
Holiday
Dilemmas |
The
cheeky chippie who added £1500 holiday pay to his bill |
| 24 Nov. 00 |
Stay
Frosty |
Adjudicators
beware: if it looks like you're taking sides, the Courts won't
back you up |
| 17 Nov. 00 |
Sort
It Out Yourself |
The
new protocol designed to keep litigation
from the High Court |
| 10 Nov. 00 |
Once
Bitten, Fight Shy |
Why
an adjudicator's mistake ended up in Court, even though he
admitted he was wrong |
| 03 Nov. 00 |
The
Problem of Existence |
What
happens when you make an agreement with a company that doesn't
exist? |
| 27 Oct. 00 |
A
Shop Window for Article 6 |
Does
the Human Rights Act apply to adjudication? The judge in a
recent case didn't think so |
| 20 Oct. 00 |
Feeling
the Pinch |
What
can a designer do to stop someone else pinching its
architectural ideas? |
| 13 Oct. 00 |
Who
Was To Blame? |
How
a tragic fire led to new rulings on designer liability |
| 06 Oct. 00 |
Don't
Listen to Chickens |
Ignore
the headless chickens. Adjudication will survive, despite the Discain
ruling |
| 29 Sep. 00 |
Jolly
Well Prove It |
An
undeniably good book on proof, plus a clutch of contracts on
CD-ROM |
| 22 Sep. 00 |
An
Adjudicator is Not a Judge |
Will
the Human Rights Act outlaw adjudication? |
| 15 Sep. 00 |
The
Final Straw |
You'll
get your ears boxed if you try to challenge a final settlement.
Here's why |
| 08 Sep. 00 |
Time
Is Not On Your Side |
Why
you can't leave anything out of your adjudication |
| 01 Sep. 00 |
Out
of Bounds |
What
happens if you call an adjudicator on a site outside the
Construction Act? |
| 18 Aug. 00 |
Insolvent
Abuse |
Could
insolvency law have protected Bouygues from that adjudicator's
error? |
| 11 Aug. 00 |
Adjudication
in Drag |
Are
adjudicators taking themselves too
seriously? |
| 04 Aug. 00 |
Where
Woolf Is Wrong |
Having
a single expert witness in industry disputes is about as
sensible as making Jeremy Clarkson Lord Chief Justice |
| 28 Jul. 00 |
Turning
Up The Heat |
A
little ditty about a heating firm and adjudication |
| 21 Jul. 00 |
Careful
What You Ask For |
The
Lowry, Christiani & Nielsen and the use of magic spells |
| 14 Jul. 00 |
Fighting
for One's Cause |
How
Tolent Construction's home-made subcontract got it into trouble |
| 07 Jul. 00 |
Can
You Sue the Referee? |
If
you don't like the choice of adjudicator, can you sue them? |
| 30 Jun. 00 |
Coming
to Blows |
What
happened when Bovis and Braehead went to court |
| 23 Jun. 00 |
How
Much of What? |
Why
you need to read and reread the contract if you plan to withhold
money |
| 16 Jun. 00 |
Pebbles
That Spell Trouble |
The
proviso that could scupper third-party rights cases |
| 09 Jun. 00 |
Shoes
Made For Walking |
The
third-party rights act lets you walk to Court in another man's
shoes |
| 02 Jun. 00 |
Making
Up The Rules |
What
should adjudicators do if a party challenges their jurisdiction? |
| 26 May 00 |
Get
Back on the Field Ref |
The
referee is allowed to correct an obvious mistake before
the final whistle |
| 19 May 00 |
The
Politics of Trust |
Who
wears the trousers in your special
relationship?
|
| 12 May 00 |
Whose
Pocket Are You In? |
Two
cases that signal a tougher stance on impartiality |
| 05 May 00 |
Double
Exposure? |
Get
your dispute heard by an adjudicator and a judge at the same
time |
| 28 Apr. 00 |
Undercutting
is Over |
How
best value is setting local authorities free |
| 20 Apr. 00 |
Strewth!
Oz Gets Tough |
Playing
rough: the Construction Act
(Aussie rules) |
| 14 Apr. 00 |
Named
and Blamed |
How
a businessman became personally liable for a £200 000 typo |
| 07 Apr. 00 |
Wading
Into a Sea of Risk |
Book
reviews: insolvency, adjudication and litigation practice |
| 31 Mar. 00 |
Home
Thoughts |
The
straightforward barn conversion
that turned into a new legal conundrum
|
| 24 Mar. 00 |
Don't
Forget to Write |
The
Construction Act applies to oral agreements, doesn't it? Here's
what happened when one judge decided it didn't |
| 17 Mar. 00 |
Home
From Hell |
The
£250 000 refurbishment that ruined a domestic
client's life |
| 10 Mar. 00 |
Stop
Right There! |
Can
you get a court injunction to stop an adjudication? |
| 03 Mar. 00 |
Fiddlers
on the Hoof |
Why
British industry's fiddling days
are numbered |
| 25 Feb. 00 |
Right,
for Wrong Reasons |
The
adjudicator who was right, even when we was wrong |
| 18 Feb. 00 |
Column
Inches |
What
lessons can be learned from the Ashford tragedy? |
| 11 Feb. 00 |
