Tony Bingham's Column in "Building"

"Building" Magazine is the leading construction industry weekly publication in the UK. It has an extraordinary history. It is over 150 years old and is now published weekly world-wide.

The magazine is highly professional, and enjoyed by developers, architects, engineers, surveyors and all the constructors together with suppliers and manufacturers.

The Legal pages are very well established and popular. Leading lawyers commentate not only on recent cases but also on important building contract problems and principles.

Tony Bingham's page began nineteen years ago. First he wrote monthly, then every other week. Twelve years ago his page became a weekly feature. Tony Bingham and the Editor invite you to comment on the views expressed in the pages, which are reproduced here.

Over the coming months this section will not only feature the current page but hopefully archive as many past pages as possible.

The boxes below give a brief outline of recent and past pages.

Index of Articles Available


ARTICLE INDEX TABLE
 

Select

No

Date

Comment

Title

791

06.03.2015I Want My Legal Costs & LeaveReady for the Chop

790

06.02.2015Expert Witness? Three Card Trick for TrumyThree Card Trick

789

07.08.2015Messages from the judges: The war of attrition must stopBundles Of Fun (Not)

788

03.07.2015Higgins & Aspect & AsbestosAs Time Goes By

787

05.06.2015Design and Build ... Pure WindDAngers in the Deep

786

08.05.2015Deciding A Dispute Without Fear Or Favour ... What Chance?A Red Card For The Bullies

785

02.04.2015Those Payment Notices: Pipe Up or Pay UpEyes Wide Shut

784

09.01.2015Discord on Concord Street

783

28.11.2014Too Many Contract DocumentsTHE BUMF MACHINE

782

31.10.2014A fight to the deathHIGHLAND FLING

780

29.08.2014Oh, Buzz off!NO MESSING NORTH OF THE BORDER

779

25.07.2014VARIATIONSBOOKS FOR THE BEACH

778

27/06/201420 years on from LATHAMA KNIGHT'S TALE

777

30.05.2014WHAT IS GROSSLY UNFAIR PAYMENT TERMS?WHO SAYS IT'S NOT FAIR?

773

04 April 2014"Plebs"JUSTICE GOING CHEAP

772

07 March 2014“Put a stop to it!”PICK ON SOMEONE YOUR OWN SIZE

771

November 2013“BIM Bull”INTERIORS FOCUS MAGAZINE ARTICLE

770

10 January 2014“Adjudication is a great success. All we need now is to re-invent it”SUPER SIZE ME

769

13 December 2013"Get yourself an Architect to get yourself a specification to get yourself a Builder to obey the specification"THE WRONG TROUSERS

768

06 December 2013"Shattered Plate-Glass Doors"SOMEONE TO WATCH OVER ME

767

29 November 2013“Trying to get a blanket indemnity out of an insurer and blood out of a stone!”MUDDLED INDEMNITY

766

22 November 2013BIM stands for Blame IM … yes you!WE NEED TO TALK ABOUT BIM

765

15 November 2013“Unreasonable Conduct of Litigation does not mean Mediate”SILENCE IS GOLDEN

764

08 November 2013“Pioneer Cladding v John Graham Contractors In-house Adjudication Rules No Go” REWRITES AND WRONGS

763

01 November 2013“Awarding Legal Costs against the loser”CALCULATORS AT DAWN

762

25 October 2013“New book on Adjudication”SPARE US FROM HERNIA-INDUCING TOMES

761

18 October 2013“Does a Referral in Adjudication mean all the lever-arch files as well?”CHOOSE YOUR WEAPON

760

11 October 2013“Can this Collateral Contract be Adjudicated?”IN AT THE DEEP END

759

04 October 2013“Trying to torpedo the Adjudicator’s Award – C G Group v Breyer”STOP SCRABBLING AROUND

758

27 September 2013“The Adjudicator ordered monies to be paid to the company in administration. Now what?”DOWN THE RABBIT HOLE

757

20 September 2013“Can I ‘set-off ’ from an Adjudicator’s Decision?”A GATE WITH FUZZY EDGES

756

13 September 2013“Museum of Liverpool – consequences of Architect’s breach of contract”PICKING UP THE TAB

755

06 September 2013“Is the Architect liable for duff work of others?”GET ON THE SCAFFOLD, MATE

754

30 August 2013“Variations: A Pain in the Budget and Programme”ROUND TWO

753

28 August 2013“Construction 2025 – Government Waffle!!”YOU CANNOT BE SERIOUS

752

09 August 2013“ABB v BAM Nuttall Ltd”THIS IS AN EX-ADJUDICATION

751

02 August 2013“Liquidated Damages – a pong in the relationship”TAKING A PENALTY

750

26 July 2013“Wrong Rules by the ICE”KEEPING THE CAT IN THE BAG

749

19 July 2013“Tower Crane collapse; was it insured?”RUNNING FOR COVER

748

12 July 2013“Witness Statement condemned by Judge”BEAUTIFUL PHONIES

747

05 July 2013“Elvanite Full Circle Ltd v Amec Earth & Environmental (UK) Ltd”EVERYONE’S A LOSER

746

28 June 2013“Calculating Extensions of Time”A FORESIGHT SAGA

745

15 January 2010“McDonald v National Car Parks” Expert Determination? Judicial Process? THE SCOTTISH ENLIGHTENMENT

744

21 June 2013‘Amending Standard Forms of Contract’JUST SAY NO

743

14 June 2013"Aspect Contracts (Asbestos) Ltd v Higgins Construction plc" Does an Adjudicator's Decision revise limitation periods?NICE TRY

742

07 June 2013“Muneer Hamid v Francis Bradshaw Partnership. Who is in Contract with whom?”A COMPANY MAN

741

31 May 2013"Farrelly v Byrne Brothers"THE MADNESS OF NEC THE THIRD

740

17 May 2013“West v Ian Finlay & Associates – Is the Architect liable?”WRAP THEM UP IN COTTON WOOL

739

24 May 2013“TSG Building Services plc v South Anglia Housing Ltd”THE SUDDEN DEATH CLAUSE

738

10 May 2013“John Dowland (Ex Architect) v Architects Registration Board”KNOW YOUR PLACE

737

03 May 2013“White & Mackay Ltd v Blyth & Blyth”SCOTCH ON THE ROCKS

736

26 April 2013“Willmott Dixon Housing Ltd v Newlon Housing Trust”STOP KICKING UP A FUSS

735

19 April 2013“Atkins Ltd V Secretary of State for Transport”THE HOLE TRUTH AND NOTHING BUT

734

12 April 2013“Colin Wright V Michael Wright Supplies Ltd”HANDY TIPS ON DIY

733

05 April 2013“A J Building v Turner” (Zurich Home Insurance Claims)MAKING A DRAMA OUT OF A CRISIS

732

28 March 2013“Don’t complain about an ambush” Gibson v Fermanagh CouncilA 63 LEVER ARCH FILE PROBLEM

731

22 March 2013“Berry Piling Systems Ltd v Sheer Projects Ltd”JAILHOUSE ROCK

730

15 March 2013“Zennestrom v Fagot & Moseley”OUT OF THE WINDOW

729

08 March 2013Yam Seng v International Trade “Good Faith in Contracts”OH YE OF LITTLE FAITH

728

01 March 2013“Arcadis UK Ltd v May and Baker Ltd”HERE’S ONE I MADE EARLIER

727

22 February 2013“Sear v Kingfisher Builders and Francine Whale”NASTY, BRUTISH AND SHORT

726

15 February 2013“Squibb Group Ltd v Vertase FLI Ltd”DON’T HOLD BACK

725

08 February 2013“Merex Construction Ltd v Rodgers Contracts (Ballynahinch) Ltd”THE JITTER BUG

724

01 February 2013“S W Global Resourcing v Morris & Spottiswood Ltd”THE PRESUMPTION OF REGULARITY

723

25 January 2013“Severfield-Rowen Structures v Cleveland Bridge UK”SHARD WARS

722

18 January 2013"Greater Manchester v Thales Transport"PRIVATE PARTS

721

04 January 2013“This ‘Sustainability’ thingy”DO THE ‘DECENT’ THING

720

14 December 2012Debate: “Adjudication is not working”FEEDING FRENZY

719

07 December 2012“Squibb v Vertase” – Adjudication not enforcedNO GOING BACK

718

30 November 2012“Mediation ADS v EMS Global. Refusing to Mediate.”FOR CONSENTING ADULTS

717

23 November 2012“Who said the Adjudicator had to be fair?”FAIR GAME

716

16 November 2012“Systech v P. C. Harrington - Adjudicator’s fees”DECISIONS, DECISIONS

715

09 November 2012“Adversarial v Inquisitorial”SHEDDING THE POUNDS

714

02 November 2012“Far too many ‘Standard’ Form Contracts drowning in bumf”WHAT THE PAPERS SAY

713

26 October 2012“Paying an Adjudicator’s £14,000 appointment fee in advance” Clerk Electrical v JMDCHEQUE MATE

712

19 October 2012“The new Master of the Rolls”RETURN OF THE JUDGE

711

12 October 2012“Lavender v Russell Brickwork – Appealing Arbitration Award”AND YOUR TIME STARTS NOW

710

05 October 2012“Costs in Litigation – Brit Inns v BDW Trading”WINNING ISN’T EVERYTHING

709

28 September 2012“Pihl v Ramboll – Commercial Expectations from Adjudication”PACK UP YOUR TROUBLES IN YOUR OLD KIT BAG

708

21 September 2012“Dispute Adjudication Boards”A DAB HAND

707

14 September 2012“Cadbury v ADT” & Fifty Shades of GreyHOT STUFF

706

07 September 2012“Cover Pricing”BLOWN OUT OF ALL PROPORTION

705

31 August 2012“Ampleforth Abbey v Turner & Townsend”I DEMAND TO SEE THE MANAGER

704

24 August 2012“JCT Essay Writing Competition”CHAIN FULL OF WEAK LINKS

703

10 August 2012‘Beck v UK Flooring Contractors – When does a dispute crystalise?’THE RIGHT TO REMAIN SILENT

702

03 August 2012‘Walter Lilly & Co v Mackay’COULD WE JUST ADD A STAIRCASE HERE, PERHAPS?

701

27 July 2012“Compensation: Cost of cure or reduced value of house – which?”SMOOTHING OVER THE CRACKS

700

20 July 2012“The Proposed Form of Contract from CIOB”UNPICKABLE

699

13 July 2012“Moving jobs to a competitor”THANKS FOR THE MEMORIES …

698

06 July 2012“Are you self-employed or employee?”AS THE JUDGE SAID TO THE LAP DANCER

697

29 June 2012“WW Gear Construction v McGee Group Ltd”TWO PLACES AT ONCE

696

22 June 2012“Specialist Insulation Ltd v Pro-Duct (Fife) Ltd”BEWARE YOUR OWN SMALL PRINT

695

15 June 2012R & C Electrical Engineers Ltd v Shaylor Construction LtdVERGING ON THE CERTIFIABLE

694

08 June 2012Point West London Ltd v Mivan LtdBLAST FROM THE PAST

693

01 June 2012Sweet (UK) Ltd v Michael Wight Homes LtdWISE COUNSEL, CLOTH EARS

692

25 May 2012“Fathoming the new Payment Rules”WHY THE SCHEME WORKS A DREAM

691

18 May 2012“Working Environments Ltd v Greencoat Construction Ltd”IT’S ALL CRYSTAL CLEAR REALLY

690

11 May 2012“Jet 2. Com Ltd v Blackpool Airport Ltd”WHEN YOUR BEST IS PUT TO THE TEST

689

04 May 2012“Paging Dr Freud”OBLITERATED BY OBSESSION

688

27 April 2012“Compass t/a Medirest v Mid Essex Hospital”THE BAD SIDE OF GOOD FAITH

687

20 April 2012Murray Construction Ltd v Marino Family Trust LtdTHE ANTIQUE ROAD SHOW

686

13 April 2012Walter Lilly Ltd v Mackay & DMWCAREFUL WHO YOU TRUST

685

05 April 2012“Network Rail is going to pay on the nail”ALL ABOARD THE FAIR PAY EXPRESS!

684

30 March 2012Book Review: 1) “Construction Law” by Julian Baily 2) “Scottish Arbitration Handbook” - David R Parratt; Peter Foreman A LITTLE LIGHT READING …

683

23 March 2012“County Court here we come … or Arbitrate?”HOW TO KICK A CAN DOWN A ROAD

682

16 March 2012Swindon Council v Forefront Estates DERELICTION AND DUTY

681

09 March 2012Berry Piling Systems v Sheer Projects LtdDICING WITH DISASTER

680

02 March 2012ACD (Landscape Architects) Ltd v Robert Overall & Cookham Construction Ltd”TAKES ONE TO KNOW ONE

679

24 February 2012“Mears v Leeds Council Public Procurement Tender Battle”PLAYING DIRTY

678

17 February 2012“Adjudicator takes the initiative to establish the facts and goes to gaol”THE STRAIGHT AND NARROW

677

10 February 2012“Highlands & Islands Airport v Shetland Island Council”HOLY MOSES

676

03 February 2012“The ICC Conditions of Contract”THE COMFORT ZONE

675

27 January 2012“Sprunt v Camden Borough Council”ELEVEN AGAINST TWELVE

674

20 January 2012“Leander Construction v Mulalley and Co Ltd”IN YOUR OWN TIME, GENTLEMEN, PLEASE

673

13 January 2012“Lanes Group v Galliford Try Infrastructure”PREMATURE ADJUDICATION

672

06 January 2012“Noel Edmunds v Lawson Developments”NOEL’S HOUSE PARTY POOPERS

671

16 December 2011‘NAP Anglia Ltd v Sun-Land Development’THE LONG AND SHORT OF IT

670

09 December 2011‘Dispute Adjudication Boards’SURE THING

669

02 December 2011“Smith v Carillion”TIME OUT

668

25 November 2011“CITB Levy”THE GREAT ESCAPE

667

18 November 2011“Systech v P C Harrington”MORE THAN THE FINAL WHISTLE

666

11 November 2011Philip Roberts / Liquidator for Onslow Ditchling v Peter Frohlich and Godfrey SpannerTAKE IT PERSONALLY

665

4 November 2011“Henry Brothers (Magherafelt) Ltd v Dept of Education for Northern Ireland"GETTING THE HANG OF IT

664

28 October 2011“Cain Electrical Ltd v Richard Cox t/a Pennine Control Systems”ALL MOUTH NO TROUSERS

663

21 October 2011“Unconscious / Unwitting Bias”TAPPING INTO THE UNCONSCIOUS

662

14 October 2011“The BIM Protocol”TOO MANY COOKS

661

7 October 2011“Cut the cost of 28-day Adjudication”THIS IS (NEARLY) AN EX-CHICKEN

660

30 September 2011 “Goodbye Tolent Clauses; Goodbye Contracts in Writing”GET YOUR ACT TOGETHER

659

23 September 2011“Carillion Utility Services Ltd v S P Power Systems Ltd”WHEN THE GOING GETS ROUGH

658

15 September 2011“Sykes v Packham …Estimate or Quotation?”ROUGH JUSTICE

657

9 September 2011“The Riot Act”IT TAKES A VILLAGE

656

2 September 2011Costello v Macdonald … “merits of the case v law of the contract”THEORY VS PRACTICE

655

26 August 2011‘Mermec UK Ltd v Network Rail Ltd’GETTING CAUGHT OUT

654

12 August 2011Lowe v Machell Joinery LtdA LONG CLIMB TO JUSTICE

653

5 August 2011Fenice Investments v Jerram Falkus Construction LtdTIME IS MONEY

652

29 July 2011“Lanes v Galliford Try – Again”I’VE STARTED SO I’LL FINISH

651

22 July 2011“NEC Form of Contract”GET SOME ZZZ’S

650

15 July 2011Urang Commercial Ltd v Century Investments LtdDOING THE SUMS

649

8 July 2011 “Loss of Reputation” STAND BEHIND THE YELLOW LINE

648

1 July 2011“Adjudicators and Judicial Competence”USE SOME JUDGEMENT

647

24 June 2011“Liquidated Damages Clauses” RED CARD

646

17 June 2011“The NEC Contract Document”RELIGIOUS EDUCATION

645

10 June 2011“Stanley v Rawlinson Court of Appeal”Like Talking To A Brick Wall

644

03 June 2011“Scotland’s Revival of Arbitration”JOIN THE REBELLION

643

27 May 2011Review of “Coulson on Construction Adjudication”THE GOOD BOOK

642

20 May 2011“Lanes Group v Galliford Try Infrastructure Ltd”WHAT’S THE RETURNS POLICY?

641

13 May 2011“Error in the new Construction Act?”THE DAFT DRAFT

640

06 May 2011 Desmond & Sarah Jenson v Spencer Roy Faux THE HOLE TRUTH

639

21 April 2011NHBC v Michael JacksonDAMN THE EXPENSE

638

15 April 2011Woodlands Oak Ltd v Conwell and AnotherIF THE CAP FITS

637

08 April 2011Rolfe v De Guerin / Homeowner Builder DisputeLAY DOWN YOUR ARMS

636

01 April 2011“Cover Pricing v Bid Rigging” HOW THE OFT WENT OTT

635

25 March 2011“Subcontractor Retention Abolition Campaign”MAKE ME HONEST – BUT NOT YET

634

18 March 2011Mr & Mrs Paton v Douglas Jamie & FrolickingTWENTY-EIGHT DAYS LATER

633

11 March 2011Lansdowne House (St George’s Hill) Ltd and Liberty Syndicate Management LtdPLEASE TRANSLATE

632

04 March 2011ADR: Alternative Dispute Resolution … alternative to what?WHERE’S THE JUSTICE?

631

25 February 2011“Building Schools for the Future”THE BAD BOY IN SCHOOL

630

18 February 2011“The QS in trouble” IF YOU WANT MY ADVICE

629

11 February 2011“The Parallel Loan Agreement”PARALLEL UNIVERSE

628

04 February 2011“No win no fee” and “after the event insurance” OUCH!

627

28 January 2011“Procuring Public Contracts”HOW LOSERS WIN

626

21 January 2011“Redwing Construction v Charles Wishart”COMING BACK FOR SECONDS

625

14 January 2011Retention Funds and the “Construction Act”THIS IS NEVER GOING TO WORK

624

7 January 2011“Defining honesty: Starglade Properties v Roland Nash (Ct of Appeal)”SLIPPERY SLOPES

623

17 December 2010“2010” A FEW OF MY FAVOURITE THINGS

622

10 December 2010“W H Malcolm Ltd – Judicial Review”IT’S OUR VERY OWN D-DAY

621

3rd December 2010“Localism & Planning”A LITTLE LOCAL DIFFICULTY

620

26 November 2010“Volker Stevin v Holystone Contracts”NO COMPLAINTS

619

19 November 2010“The 4th Barrier – Staying in Business”LET’S REBUILD OUR LEGAL SYSTEM

618

12 November 2010“All Metal Roofing v Kamm Properties”FOUR LITTLE LETTERS THAT SAY ‘PAY UP’

617

5 November 2010“Assessing your competence”SAVE WHILE YOU SLAVE

616

29 October 2010‘Dhamija v Sunningdale (and McBaines Cooper Consulting)’YES

615

22 October 2010‘Goel v Amega’NICE GUYS FINISH LAST

614

15 October 2010“Two Project Managers and a piece of cake”A HERO OF OUR TIMES

613

8 October 2010“Revising Standard Form Contracts”BRING BACK ARBITRATION

612

1 October 2010R v Colin Charles HoltonTHE WALL

611

24 September 2010“Levy for training” FEELING A LITTLE SHORT CHANGED?

610

17 September 2010“The ICE contract document is retired”GETTING TO KNOW ALL ABOUT YOU

609

10 September 2010“Getting paid in 10 days” THE OTHER CREDIT CRUNCH

608

3 September 2010Aedifice Partnership v Ashwin Shah GOT A PEN AND PAPER HANDY?

607

27 August 2010Atholl Development vs UBCACCIDENTS WILL HAPPEN

606

13 August 2010“City Inn vs Shepherd again”HOW MUCH SAND IS A SNOWSTORM WORTH?

605

6 August 2010“City Inn v Shepherd” No 1.HAVE YOU SEEN THE CONTRACTOR’S BEHIND?

604

30 July 2010Fileturn v Royal Garden HotelRELATIONSHIP PROBLEMS

603

23 July 2010Integrated Building Services t/a Operon v Pihl UK Ltd THE BEGGAR’S BANQUET

602

16 July 2010Anglian Water v Laing O’Rourke UtilitiesULTIMATE VICTORY

601

9 July 2010RBG v SGL Carbon Fibres Ltd NEVER MIND THE COUNTERCLAIMS

600

2 July 2010‘BP Compensation System’THE PEOPLE VS BP

599

25 June 2010“Essay Prizes Society Construction Law”THE PAGE TURNERS

598

18 June 2010Plymouth & South West Co-op v Architecture, Structure & Management JUDGES IN THEIR OWN CAUSE

597

11 June 2010Her Majesty’s Advocate v Discovery Holmes (Scotland) Ltd & Another.THE DEATH PENALTY

596

4 June 2010Cleveland Bridge v Whessoe-Volker SIMPLE GAME, TRICKY RULES

595

28 May 2010‘The Perfect Adjudicator’s Decision’THE FOUNDATIONS OF A GOOD DECISION

594

21 May 2010‘Property Disputes’ COURT ISN’T ALL IT’S CRACKED UP TO BE

593

14 May 2010Pilon Ltd v Breyer GroupALL THINGS CONSIDERED

592

7 May 2010Yuanda v WW Gear Construction THIS ONE’S ON YOU

591

30 April 2010“The New Scheme”IN PRAISE OF DOING LESS

590

13 April 2010Collateral ContractsTHE UNKINDNESS OF STRANGERS

589

16 April 2010Brookfield Construction v Mott MacDonaldMATCH OF THE DAY

588

9 April 2010Hall & Anor v Van der HeidenJustice COULSON’S MODEL ANSWER

587

1 April 2010Mentmore Towers v Packman Lucas A NEW FORM OF PEST CONTROL

586

26 March 2010Amec v Thames Water GOSH, IS THAT REALLY THE TIME?

585

19 March 2010Speymill Contracts v Eric Baskind HOW THE DEFENCE WENT UP IN SMOKE

584

12 March 2010GPS Marine v Ringway InfrastructureSOMETHING QUITE ATROCIOUS

583

5 March 2010“Contractual Letters”FANCY A GAME OF BATTLESHIPS?

582

26 February 2010Geoffrey Osborne vs Atkins RailINSTANT JUSTICE

581

19 February 2010Office of Fair TradingMILKING IT

580

12 February 2010Judy Veakins v Kier Islington LtdTHE REVENGE OF JUDY VEAKINS

579

5 February 2010Supershield v Siemens (Court of Appeal)A COCK AND BALL STORY

578

29 January 2010Jacques v Ensign Contractors GOING THE DISTANCE

577

22 January 2010Enterprise Managed Services v Tony McFadden UtilitiesGET LOST , CREEP

576

8 January 2010Peter Morris Edwards v Bruce & Hyslop (Brucast)CLANDESTINE COMMUNICATIONS

574

11 December 2009Mayhaven Healthcare Ltd v Bothma & Anor (t/a DAB Builders) 2009 EWHC 2634 (TCC) DON’T GET YOUR SUSPENDERS IN A TWIST

573

4 December 2009“The new rules for payment” FINANCIAL MECHANICS

572

27 November 2009“Programme Planning” A CONTRACTORS’ SURVIVAL GUIDE

571

20 November 2009‘Extending your house’ JUST HOW ANNOYED AM I ?

570

13 November 2009‘Too vague for fraud’WHEN TO USE THE F-WORD

569

6 November 2009‘Project Bank Accounts’IN BANKS WE TRUST

568

30 October 2009‘Keeping promises’ARE YOU A CAVALIER OR A ROUNDHEAD?

567

23 October 2009DubaiARBITRARY JUDGMENT

566

16 October 2009Hart v SmithLOGICAL DEDUCTIONS

565

10 October 2009“Cover Pricing” THE COST OF A PHONE CALL

564

2 October 2009“Home extensions”GET THE PICTURE?

563

25 September 2009“Possible … just possible”.SO CRAZY IT MIGHT BE TRUE …

562

18 September 2009Estor v Multifit (UK) LtdAN EVERYDAY STORY OF BUILDING FOLK

561

11 September 20092 Books: 1) Early Contractor Involvement 2) JCT 05 Building Contract LAST-MINUTE BOOKING

560

4th September 2009Martin Dawes v Treasure & SonHOW TO PICK A WINNER

559

28 August 2009Crest Nicholson v Office of Fair Trading WHY IS THE OFT SO UNFAIR?

558

14 August 2009Barr Limited v Klin InvestmentsIF AT FIRST YOU DON’T SUCCEED

557

7 August 2009Patchett v Swimming Pools AssociationHOW TO LAND IN THE DEEP END

556

31 July 2009Tactics in adjudicationIT’S ALL IN THE GAME

555

24 July 2009Going into administrationON GETTING A THICK EAR

554

17 July 2009 Model BuildingWEALTH AND SAFETY

553

10 July 2009Mediation privacy? PRIVATES ON PARADE

552

03 July 2009Collaborative Working, perhaps? GOOD INTENTIONS VS REALITY

550

26 June 2009Misleading FormTHE GREAT NEC STITCH-UP

549

19 June 2009A sprinkling of LitigantsDEVIL TAKE THE HINDMOST

548

12 June 2009New argument in the adjudication THE USE OF WEAPONS

547

05 June 2009Mediating for rightsTRANSCENDENTAL MEDIATION

546

29 May 2009£11 million for nothing!TELL THEM A BEDTIME STORY

545

22 May 2009“I am always right”. It’s the way I was brought up.THE MEME MACHINE

544

15 May 2009Of InterestTIME AND PUNISHMENT

543

08 May 2009Camden v Makers UK COLD COMFORT

542

01 May 2009A second point in: “HS Works v Enterprise”COMPLEXITY THEORY

541

24 April 2009HS Works Ltd v Enterprise Managed Services LtdPLAYING GOLF WITH SUPERMAN

540

17 April 2009Bole v Huntsbuild LtdWATCH OUT FOR THE TENTACLES

539

10 April 2009Thermal Energy Construction v Lentjes UK Ltd TELL ME WHY

538

03 April 2009“Survival as usual … with knobs on”IT’S A JUNGLE OUT THERE

537

27 March 2009Curot Contracts v Castle InnsYOU CAN’T JUST DO WHAT YOU WANT

536

20 March 2009The Construction Act changes now in ParliamentWHY THE LONG FACE?

535

13 March 2009OSC Building Services v Interior Dimensions Contracts LtdTHE DANCE OF DEBT

534

6 March 2009Through the architect’s eyesMEA CULPA

533

27 February 2009Mead General Building v Dartmoor Properties LtdKissing goodbye to your money?

532

20 February 2009Book ReviewThe Reader

531

13 February 2009Dorchester Hotel v Vivid Interiors LtdSurprise! : New information in adjudication

530

6 February 2009A message to Parliament about getting paidPure and simple : Construction Act changes

529

30 January 2009“Take Notice”: Quartzelic v Honeywell Controls.Suds Law

528

23 January 2009DON'T FORGET THE SIX Ps.GET READY TO GO WRONG

527

16 January 2009You have your decision. But how to enforce it?Can’t pay? Will pay

526

9 January 2009I blame the bankersThe bold and the bankers

525

19 December 2008Interest: Pope Sixtus V was against it, but where does the law stand?With the Pope's blessing

524

12 December 2008Collaborative working? You mean risk dumpingGet a truck load of this

523

5 December 2008How not to conduct a court caseThe judge with a flea in his ear

522

28 November 2008The trouble with LAD cultureIt's a LADS thing

521

21 November 2008Partnering? Humbug!All over bar the shooting

520

14 November 2008What to do about persistent late paymentShall I stay or shall I go?

519

7 November 2008How to get your claim paidIf the mountain won't come...

518

31 October 2008Adjudicators advising further adjudication: a strange way to do businessThere once was an ugly duckling

517

24 October 2008Adjudication is simply a lot better than litigationThe day I got a kick in the pants

516

17 October 2008One last time: Multiplex vs Cleveland BridgeGrudge match

515

10 October 2008costs isn't enough to deter some people from going to court again and again and againJumpers!

514

3 October 2008Insurance cover for legal disputesQuarrelling? It's what we do

513

26 September 2008A plea for plain EnglishUnspeakable

512

19 September 2008A 'one-liner' claim and the judge's one-line replyDid you hear the one about...?

511

12 September 2008Adj-Med - it's dispute resolution with knobs onFast relief for aches and pains

510

5 September 2008What happens when a party to a dispute suggests who should adjudicateBy personal appointment

509

29 August 2008Who pays when a boisterous bull burns down a house?So you want to be a judge, eh?

508

15 August 2008The Draft Construction Contracts Bill emerges from the primordial swampI’m amphibious about it

507

8 August 2008The training levy simply doesn't work - time for a rethinkLet’s ditch the training levy

506

1 August 2008Local authorities are having a tricky time with framework contractsThe People vs Camden Council

505

25 July 2008Transparency in the procurement processVictorious losers

504

18 July 2008It's looking surprisingly peachy for London 2012Olympic hopeful

503

11 July 2008The mighty task of overturning an expert determinationOi, Brünnhilde, you’re on

502

4 July 2008The proper appointment of arbitratorsMisery

501

27 June 2008The perils of letters of intent ... what's essential?Living in sin

500

20 June 2008The perils of letters of intent ... againYoghurt in a pea soup

499

13 June 2008The RICS professional services contract documentsOn surprisingly good form

498

6 June 2008Three cheers for the consultation on changes to the Construction ActMe and my pod

497

23 May 2008Ethics and ethical conduct and what they mean to youThat bubble, reputation

496

16 May 2008Cover pricing and bid rigging? The same difference?Don’t get your knickers in a twist

495

9 May 2008A get-together of some of the finest adjudicators in the landAre you listening?

494

2 May 2008What goes on in mediation stays in mediationDo the decent thing

493

25 April 2008Tony Bingham discusses its relevance10 years of the Construction Act

492

18 April 2008Mediation should be left to its own devicesSplendid isolation

491

11 April 2008Construction is just like the McCartney/Mills divorce, and I'll tell you why...The land of make-believe

490

4 April 2008A damn good read, your honour...Dough well spent

489

28 March 2008A shot in the arm for the adjudicatorAdjudication á la carte

488

20 March 20088-1 to the Employer...So much for common sense

487

14 March 2008Managing the Multiplex vs Cleveland Bridge litigation - a Herculean labourChop, chop

486

7 March 2008Cause and effect: proof positive?No fire without smoke

485

29 February 2008Sempra Metals Ltd vs Inland Revenue: an interesting case, compoundedHand over all the money

484

22 February 2008Mediation: ADR, but for how much longer?Keeping Mum about mediation

483

15 February 2008The JCT Framework Agreement: get ready to bail out your dinghyJCT Framework Agreement: Umbrellas? Who needs ’em

482

8 February 2008The OGC's Guide to Best Fair Payment PracticesA diamond among the coal

481

1 February 2008Premature mediation is a waste of time and moneyThe price of intransigence

480

25 January 2008The blunt and clumsy system of retentions - and why it's still with usWhat's yours is mine

479

18 January 2008Common sense in the CourtroomWhat it all comes down to

478

11 January 2008The Bingham review of booksWellies, muck and diggers

477

14 December 2007Here's to the Clerk of Works!Raise a glass to the clerk of works

476

7 December 2007A rudimentary lesson for rude buildersTalking yourself out of a job

475

30 November 2007What Dawes vs Treasure means for oral agreementsThe riddle of existence

474

23 November 2007The fundamental unfairness of the lawTime wasters

473

16 November 2007How to get an Olympic gold in arguingFlogging a dead parrot

472

9 November 2007Fiona could have quite an effect on adjudicatorsWhat the Fiona tells us

471

2 November 2007It's not partnering, it's common senseThe simple secret of success

470

26 October 2007Judges must be free to make unpopular decisionsLeave them judges alone

469

19 October 2007Why the Construction Act and PFI are at loggerheadsIts own worst enemy

468

12 October 2007On disputes, adjudication, the rule book and plain old common senseIt ain’t necessarily so

467

5 October 2007From Russia with no love: how a cultural difference ended up in courtWhat are words worth?

466

28 September 2007Who can help a man whose house was flooded with sewage 17 times?A house up a well-known creek

465

21 September 2007Lawyers are great and you need them. No, really...There is no alternative

464

14 September 2007Give us a KISS - keep it short and simple, that isKISS and tell

463

7 September 2007The specialist contractors' toolkit that aims to spread the loveHappy ever after

462

31 August 2007Why the negligent party didn't have to pay for the damage when a pipe burstDo you have breakdown cover?

461

24 August 2007A vote of confidence for adjudication - and not in the football sense eitherThank you, m’lud

460

10 August 2007The proposed new payment rules are great, so long as you're fluent in Double DutchMind your language, Minister

459

3 August 2007The domestic rewiring job that became a six-figure fiascoAn exemplary disaster

458

27 July 2007Why fixed-price lump-sum contracts are like jellyYou bought it, you pay for it

457

20 July 2007Consumers need a right to adjudicate, starting with Margaret TomlinsonThe battle of Easingwold

456

13 July 2007Standard forms stink like a week-old mackerel. Let's sling the lot of them outJCT sleeps with the fishes

455

06 July 2007Construction Act Review: they might throw out that infernal 'contracts in writing' rule. About timeNo more boobs

454

29 June 2007Zurich vs Gearcross: another nasty domesticGuaranteed trouble

453

22 June 2007Mirant vs Arup: a merry dance up the critical pathNothing if not critical

452

15 June 2007Remember, adjudication's rules may be mandatory but adjudication itself isn'tNobody’s forcing you to do it

451

8 June 2007Don't get tripped up by consumer protection lawLet the supplier beware

450

1 June 2007Circumstances: a big word that made a big difference in Dundas vs WimpeyCircumstances change cases

449

25 May 2007The job was only worth £25k, but the court battle was savageHell is a very small place

448

18 May 2007Bingham's verdict on BlairHere’s to Tony

447

11 May 2007"No agreement in writing" and more greatest hits from the LitigationettesYes, folks, it’s the fab follies

446

4 May 2007Construction's bulliesBully beef

445

27 April 2007Ian McGlinn part two: this time it's legal costsThe percentage game

444

20 April 2007Stressed judges now have a 24-hour helpline. Can adjudicators get one, too?Someone to watch over me

443

13 April 2007What could make a man tear down a brand new £4M house?Ian McGlinn vs everybody else

442

5 April 2007Whatever you do, don't foul your own teamFouled by your own side

441

30 March 2007 A sporting referee is nothing like a judicial one The man in black

440

23 March 2007Jurisdictional challenges have been around forever. Are they about to change?Getting arise out of a challenge

439

16 March 2007The judge's judicious judgmentPulling a fast one

438

9 March 2007Don't get in a tangle when unwinding adjudicationsKeep it together

437

2 March 2007Try to put yourself in a builder's shoes, m'ludThrough another man's eyes

436

23 February 2007Can an adjudicator keep the award until he gets paid? Well, he can try...Lien over

435

16 February 2007Those pesky adjudicators are coming up with their own arguments againBoth ends against the middle

434

9 February 2007Why can't we have one simple set of contracts?A modest proposal

433

2 February 2007A nifty solution to the 'contracts in writing' shamblesWriting wrongs

432

26 January 2007Adjudication's job is to decide the 'now' dispute. Or is it?It’s different this time

431

19 January 2007Skanska, Somerfield and the letter that ended their engagementA difference of emphasis

430

12 January 2007Think your project dispute is vicious? You want to try a domesticBitter fighting on the home front

429

5 January 2007This year, can we just do what it says in our job descriptions?End this travesty

428

15 December 2006Looking for the perfect gift for your favourite architect or subby? Try one of these booksSanta’s book collection

427

8 December 2006Contracts in writing, strict timetables and other very silly adjudication rulesPlaying their silly games

426

1 December 2006Six rulings on adjudication, all wrongErrors of judgment

425

24 November 2006You can't sue an expert witness if things don't go your way...Threatening behaviour

424

17 November 2006Let's get tough on the courtroom time-wastersMake time wasters pay

423

10 November 2006Suing architects: a warning from historyThe times they have a-changed

422

3 November 2006How to stop "dancing with lawyers" becoming an Olympic eventDances with gorillas

421

27 October 2006When do trees have more rights than homeowners?What rights does a tree have?

420

20 October 2006The bitumen cartel story with a sting in the tale for the parentsTarred with the same brush

419

13 October 2006We all love an underdog. But do they deserve special treatment?Helping the poor struggler

418

6 October 2006Strictly between us, you won't like the DTI's plans for adjudicationDo you want to know a secret?

417

29 September 2006Letters of intent. Can you rely on them?Read them and weep

416

22 September 2006Adjudication - it's just not cricketCertifiable adjudicators

415

15 September 2006Adjudication - it's just not cricketCertifiable adjudicators

414

8 September 2006Why arbitrators shouldn't make phone callsDon’t touch that dial

413

1 September 2006A plea from the heartThe way the money goes

412

25 August 2006DIY can lead to damages if handymen don't take careThe pitfalls of DIY

411

11 August 2006Poke a lion and you may well get bittenDon’t poke lions

410

4 August 2006Why was Balfour Beatty's fine for the Hatfield disaster cut by £2.5M?Blood on the tracks

409

28 July 2006Before Botes Building went into administration, it lost a £300k battle with a clientThe killer blow

408

21 July 2006Mediators should be free to discuss a case's meritsJust call me Rambo

407

14 July 2006When not to use your initiativeThe perils of using your initiative

406

7 July 2006When an interim statement trumps a final oneTrump that!

405

30 June 2006The Wembley debacleStop right there

404

23 June 2006What are the courts actually for?The correct use of courts

403

16 June 2006Are judges bullying us into mediation?Volunteers? You and you

402

9 June 2006Why the architect was negligent when the subcontractor went wrongYou'll do …

401

2 June 2006Let me introduce you to the notions of sandbaggingAn American ambush

400

26 May 2006The Americans don't quite get the benefits of our adjudication systemThe quiet Americans

399

19 May 2006How FIDIC plans to stop disputes before they startStop right there

398

12 May 2006What exactly is a Section 106 Agreement?Tax and spend

397

5 May 200628 days later...Was Ellis right on Wallis?

396

28 April 2006The essential move that will keep the Games on trackIt'll run rings round them

395

21 April 2006How a windows dispute ended up at the Appeal CourtThe pursuit of truth

394

13 April 2006A great judge may be a lousy mediatorJudging the judges

393

7 April 2006Dispute resolution: why players should show their cardsWhat have you got?

392

31 March 2006Can an adjudicator make up an argument from evidence?Too much?

391

24 March 2006When adjudication decisions are open to questionNil desperandum

390

17 March 2006Impartial certifiers? That's a jokeAn unlikely story

389

10 March 2006Paediatrician Sir Roy Meadows' treatment was disgraceful...The greater good

388

3 March 2006Brats and spats at the DTI's Construction Act ConsultationOne thing straight

387

24 February 2006Why I love Judge John DeedLet us examine the facts

386

17 February 2006YA slap on the wrist for a naughty adjudicatorBeware of mental wizards

385

10 February 2006You can't argue properly if you haven't heard the other sideNoises off

384

3 February 2006The DTI review could mean more work for adjudicatorsThe clues are all there …

383

27 January 2006How adjudicators are giving themselves a bad nameJust don’t do it

382

20 January 2006When George Wimpey went to the Court of AppealScramble!

381

16 December 2005From a wee dram to a night in the cells: a Christmas storyA night to regret

380

9 December 2005How a grumpy job turned into a £7.5m bill for BirseA painful case

379

2 December 2005Why the Court of Appeal got it wrong in Carillion vs DevonportYou’re mistaken, m’lud

378

25 November 2005Why an engineer got it in the neck for a subby's mistakePeople who care

377

18 November 2005Emcor Drake & Scull's nasty case of fuzzy-edge diseaseI'm feeling a bit fuzzy

376

11 November 2005If you doggedly pursue a claim that looks doomed to failure, you are going to be punishedDrop the dead duck

375

4 November 2005How courts can lift the veil and see who's really running a firmBehind the veil

374

28 October 2005If we are in for a long, cold winter, does it count as an "exceptional event"?Cold comfort

373

21 October 2005What can happen if you're late with your tax returnsOn being naughty

372

14 October 2005One man's 10% commission is another man's kickbackWhy bribery is a bad idea

371

7 October 2005I'm so sick of your liesStory time is over

370

30 September 2005How one man (and his mum) conned the Millennium Dome out of £4m, and got four yearsA family affair

369

23 September 2005Another letter of intent that caused an almighty rowWar of the words

368

16 September 2005What do you get if you cross an arbitrator with a mediator?A happy compromise

367

9 September 2005How to protect yourself against adjudicators' unconscious biasAll too human

366

2 September 2005This means war: how an angry client tried to demolish their arbitrator's reputationOffensive manoeuvres

365

26 August 2005A common disasterA wardance

364

12 August 2005Why adjudicators need to take a lot of holiday reading away with them this summerIt’s … Robo-adjudicator!

363

5 August 2005When it comes to the law, even really simple things are complicatedFractal law

362

29 July 2005A £60M power station claim that created a lot of heat …A six-year stretch

361

22 July 2005How it is possible to be a day late even though you're a day earlyGo ask Alice

360

15 July 2005At last we know the project manager's duty under the NECWhose side are you on?

359

8 July 2005Can you hang on to your cash if you lose an adjudication to a firm that may become insolvent? Wimbledon Construction v Derek Vago

358

1 July 2005How a developer tried three way to get out of paying £170k to its contractorWriggle room

357

24 June 2005What happened when things got messy between Bechtel and the St Pancras contractorsThe big squeeze

356

17th June 2005Too late with your adjudication defence? Try again next monthIdeal for multiple injuries

355

10th June 2005A High Court battle that could have been settled over lunchThe Dickens of a case

354

3rd June 2005Why rogue builders don't deserve ASBOsBang out of order

353

27th May 2005Keep 'em peeled for a tricky little clause in RIBA SF/99Too much to ask for?

352

20th May 2005Adjudication takes 28 days - if everyone agrees that on day one28 days later

351

13th May 2005There is a way to help small builders such as Alan DanieliTry this

350

6th May 2005A cautionary tale for devotees of television property shows...Devoured by their house

349

29th April 2005Small words can make a big difference in adjudication noticesA tense situation

348

22nd April 2005Poor old Galileo - in his day evidence didn't count for muchIt's a Pope thing

347

15th April 2005Why an adjudicator mustn't help out David against GoliathHow to be a good dog

346

8th April 2005Why we should change the law, not adjudicators' powersAway with the fairies

345

1st April 2005The 47 scenarios where law-bending becomes law-breakingDirections to Dartmoor

344

24th March 2005It's not enough to just be rightSort our your attitude

343

18th March 2005When is whenever?Say when

342

11th March 2005What does writing the magic words "without prejudice" do?For your eyes only

341

4th March 2005How a job spec can have more than one interpretationShock and or

340

25th February 2005Did you know an owner of a limited firm can still be liable?Exception to the rule

339

18th February 2005Why adjudication should lose the element of surpriseStop having fun

338

11th February 2005Why building control officers' eyes are lighting up over new electrical safety regulationsPlugging away

337

4th February 2005There's a fine line between an expert witness and a hired gunHired gun takes a bullet

336

28th January 2005The dangers of draughty shopping centresChilling thoughts

335

21st January 2005All praise to the World Bank for its tough rules on working in disaster zonesEast, west, probity’s best

334

14th January 2005How should real people deal with the ghost world of the law?Living with The Others

333

7th January 2005Letters of intent ... quick, the drawbridge!Some relationship advice

332

17th December 2004Why not give your site a special present next year?Jingle all the way

331

10th December 2004It’s one rule for consumers and another for the rest of usWho are you today?

330

3rd December 2004Why the biased adjudicator will always become unstuckThe prongs of doom

329

26th November 2004Don't like an adjudicator's decision? Fetch another oneKindly leave the stage

328

19th November 2004Adjudicators who ignore natural justice need a good thrashingWhen can you be unfair?

327

12th November 2004It's tempting to act like a private detective, but adjudicators be warned...Private investigations

326

5th November 2004How to climb a paper mountainTackle it with Eezyjudge®

325

29th October 2004Dear, dear diaryNothing comes of nothing

324

22nd October 2004Will the idea of trust funds as payment protection take off?Safety deposit

323

15th October 2004Traffic lights signal new directions for adjudicationRed alert

322

8th October 2004Nannying doesn’t work when it comes to payment plansTrouble in the nursery

321

1st October 2004Why Holyrood is a lesson in paying for what you getUncool customer

320

24th September 2004If you want an adjudicator to quit, asking nicely isn't enoughMoney’s silver tongue

319

17th September 2004How to lose £70k£70k a pop

318

10th September 2004If you agree something in writing, that's an "agreement in writing", isn't it? Er...Through the looking glass

317

3rd September 2004Leaky hosepipes and summer frocksMrs Bingham’s lament

316

27th August 2004Six ways to handle risk - one of which might actually workSix ways to handle risk

315

13th August 2004Some compulsory - and compulsive - holiday readingCompulsory purchases

314

6th August 2004On the similarities between Tony Blair and adjudicatorsThe Butler test

313

30th July 2004Ireland needs smoother roads, but is design-and-build the least bumpy form of contract?It's a long, long road

312

23rd July 2004Why did the Scottish parliament cost so much more than planned? It's as simple as this...First things last

311

16th July 2004Tricky things, global claimsMurphy's Law in action

310

9th July 2004A girl called IrisCapper's way

309

2nd July 2004Referees are not allowed to score goalsJust blow the whistle

308

25th June 2004Seeing little green menLegal aliens

307

18th June 2004Claims consultants on the road to DamascusDemons and angels

306

11th June 2004Adjudicators are in the grip of an identity crisisThe nature of the beast

305

4th June 2004Judges see mediation as marriage guidance, but not everyone can learn to RelateMiss Mediation

304

28th May 2004How an impressive adjudicator got his decision thrown outStep right in

303

21st May 2004You can't treat a self-employed worker like a companyUp the workers

302

14 thMay 2004Horses for adjudication coursesPicking the ponies

301

7th May 2004Apparitions and ambushesHold up!

300

30th April 2004Construction's Jolly RogerBlood and treasure

299

23rd April 2004Are you builders really going to let Kate Barker talk to you like that?Kate's impossible dream

298

16th April 2004On the adjudicator who didn't avert his gazeInnocence and experience

297

8th April 2004Mr Brown and Mr Prescott, please don't meddle with our actLeave the act alone

296

2nd April 2004Why the CITB need to ditch the detector vans and work to make training more appealingMan bites dog

295

26th March 2004Let's hear it for Bob Ames!Pinned and needled

294

19th March 2004Kangaroo courts and lynch mobs shouldn't play golfGet Shorty

293

12th March 2004How the Court of Appeal got it wrong in Pegram vs Tally WiejlA misjudgment

292

5th March 2004The Courts and their struggle with the truthA salty tale

291

27th February 2004What happened to Judge Seymour in Co-op vs ICLPrivate prejudice

290

20th February 2004Why adjudicators don't need a magnifying glass or deerstalkerThe silent service

289

13th February 2004Why you should never take a shortcut in an adjudicationStakes and ladders

288

6th February 2004Let's put every adjudicator through a cranial MOTPerformance driven

287

30th January 2004Do adjudicators have the nous to tackle professional negligenceGripping stuff

286

23rd January 2004How unfair do you have to be before your decision is kicked out?Shadows and doubt

285

16th January 2004An adversarial legal system has no room for know-all expertsNo job for Superman

284

9th January 2004Judges punish those who use adjudication cynicallyDoing the twist

283

19th December 2003In our line of business, trust is a luxury that we can't affordSuspect everyone

282

12th December 2003Under the JCT design-and-build form, an application for payment is the sum dueCheck, please

281

5th December 2003How the Victorians managed without the Construction Act (badly)Give 'em their due

280

28th November 2003How to distinguish a duckling from a swan - legally speakingThe ugly duckling test

279

21st November 2003A teeny-tiny case clarifies a huge point about adjudicationCos I say so

278

14th November 2003What could be better than an all-risks insurance policy?A watertight sieve

277

7th November 2003You the Client may want to sack a builder - but mind they don't go all Glenn Close on youBeware of bunny boilers

276

31st October 2003To be asked your opinion is flattering; for it to be acted on is a sure vote winnerAsk the aspidistra

275

24th October 2003The subbie as scapegoatCruel and usual treatment

274

17th October 2003The superheroes who stop disputes before they startThe peacemakers

273

10th October 2003The organisation that thinks it can reconcile householders with their buildersAngels and Martians

272

3rd October 2003Your favourite legal beagle reviews three books that could change your lifeLegal substances

271

26th September 2003What shall we do with the drunken judges?A few hiccups...

270

19th September 2003Warning to all subbies: don't believe clients who promise to sort you out if the contractor goes underThe arrangement

269

12th September 2003On reading contractsBe serious

268

5th September 2003When a judge should hold his tongueHow can you judge?

267

29th August 2003It seems that the rules on bias are even more strict than we thoughtWhen the ref's offside

266

15th August 2003Remember that weird case about the man who sued after buying boilers that worked? Well there's more...Look here, my man...

265

8th August 2003How do you judge if a witness is reliable?I know your sort

264

1st August 2003What happens if you refuse to pay a piper?No free lunches

263

25th July 2003Why Tony Blair would not make a good adjudicatorNo sex please

262

18th July 2003Who is going to be first against the wall when the corporate killing bill comes in?Aim for the head

261

11th July 2003The extreme sensitivity of the British legal system to biasMirror, mirror on the wall

260

4 thJuly 2003We could learn a thing or two about our Construction Act from our Kiwi colleaguesUpside down, up in front

259

27th June 2003In a shouting competition, arbitration beats adjudication - but that's not a good thingInstant justice

258

20th June 2003Witnesses? Experts? It's much quicker to cut straight to the verdictWhizz-bang walloped

257

13th June 2003Oh dear: the courts have upheld an ambush adjudicationAh-ha!!!

256

6th June 2003Taking a mellowed-out approach to disputesHang loose, man

255

30th May 2003A study of hair loss among construction lawyersEasy steps to hair loss

254

23rd May 2003How a naughty builder forged his client's signature on a contractLikely story

253

16th May 2003How to get someone you've just upset to give you moneyPoking the paymaster

252

9th May 2003Why comparing mediation to litigation is legally illiterateBlow your rights

251

2nd May 2003Get this booklet. Believe me, you need this bookletEveryman's adjudication

250

25th April 2003Adjudication celebrates its fifth birthday. Many happy returns!Bringing up baby

249

17th April 2003The dangers of turning a blind eye to iffy commercial contractsThe sound of fiddles

248

11th April 2003The Bard, the builder, the racing driver and the punch-upPremature adjudication

247

4 April 2003Why onions made an architect cryKnow your onions

246

28th March 2003What's more fun? Developing a trusting realtionship, or getting one over on the other party?Get your retaliation in first

245

21st March 2003Do you know how much hot water new copper pipes can get you into?Never trust a copper

244

14th March 2003George Bush thinks that resolution 1441 allows him to invade Iraq. Is he right?Not so fast, George

243

7th March 2003The strange case of Mr Justice Jacob vs Michael WilkeyRaging bull

242

28th February 2003You are the jury in Blair vs Hussein. What's your decision?Blair vs Hussein

241

21st February 2003Sorting out hassle that's not your fault? Claim it as a lossTake this for your trouble

240

14 thFebruary 2003When parliament gave birth to the adjudicator, it had no idea what a splendid specimen he would grow up to beAdjudication is king

239

7th February 2003The clash between statute and contract lawGo whistle

238

31st January 2003What John Armitt's decision to take back of the rail network really meansJohn Armitt's coup

237

24th January 2003When can a court freeze an adjudicator's decision?Freezing points

236

10th January 2003Can you go to adjudication and lose, then go back and win?More cherry, anyone?

235

20th December 2002How to avoid paying what an adjudicator decides you should payFog warning

234

13th December 2002IT and the Internet: spam, porn and even useful informationSauce material

233

6th December 2002How to make your adjudication judge-proofKeep it clean

232

29th November 2002Brunel? Great Briton? You must be jokingShame, Brunel, shame

231

22nd November 2002Foreseeing the unforeseeableTen years later...

230

15th November 2002If the noise from upstairs is driving you round the bend, hush it up in the courtsA night on the tiles

229

8th November 2002How can a party to a dispute be right and still lose?The banality of error

228

1st November 2002The Society of Construction Law has just published its splendid delay protocolA landmark protocol

227

25th October 2002The story of the developer who bought and installed some perfectly good boilers, refused to pay, got sued - and wonYou poor SAP

226

18th October 2002Contracts are for sticking up the other party's noseDon't be nice, be fair

225

11th October 2002On going straight to jailTales you lose

224

4th October 2002When is it well worth giving yourself a hernia?Do yourself a mischief

223

27th September 2002The Woolf litigation reforms tell everyone to love their enemies. Amazingly, they're working...This really works...

222

20th September 2002The tragic case of the party who drowned in his own caseA tragic obsession

221

13th September 2002Why you must must present the other party's case to an adjudicatorNo more surprised parties

220

6th September 2002Sometimes, going to court is the smart thing to doKnockout argument

219

30th August 2002Penal interest rates have been levied on all commercial debt. How do you wriggle out of it?Base motives

218

16th August 2002How adjudicators can hold their own in a fightWe shall not be moved

217

9th August 2002At last, adjudicators have some guidance to help them through the legal jungleA guiding light

216

2nd August 2002Why industry tax collectors are muscling out the self-employedOh, the brass!

215

26th July 2002The transformation of adjudicationThe new world order

214

19th July 2002You don't have to put up with nuisance neighboursBarking neighbours

213

12th July 2002What part does intimidation play in legal cases?Bully beef

212

5th July 2002A brand new objection to adjudicationHaving a bawl

211

28th June 2002How eggs, dimples and broom handles helped a pianist to practiceAn expensive encore

210

21st June 2002Fear and loathing in the construction industryOf apes, men and swine

209

14th June 2002What are your chances of success with a global claim?Word domination

208

8th June 2002The importance of doing what you're toldOurs not to reason why

207

31st May 2002The trial of Jimmy YoungSee you, Jimmy

206

24th May 2002A star employee left a QS and took a plum contract with him - what happened next?In the soup

205

17th May 2002Why is the CIArb charging its members for their own trials?Guilty as charged

204

10th May 2002The Society of Construction Law is a fine institution - but it's about to drop a clangerTalking shop 'til you drop

203

3rd May 2002The more tricks adjudicators learn from judges, the better judges are going to like themIt's a side issue

202

26th April 2002Can you get away with bundling a list of complaints into one almighty dispute?One way to look at it

201

19th April 2002Adjudicators are meant to come to the rescue, but they often end up being the victimPoor superman

200

12th April 2002If two parties owe each other money, why can't they just pay the difference?A question of ... timing

199

5th April 2002The Happys, the Grumpys, their builder and the High Court judgeIndecent proposal

198

28th March 2002How much legal weight do memos and minutes carry?Mightier than the word

197

22nd March 2002What's wrong with the RICS' advice to adjudicatorsSock it to 'em, RICS

196

15th March 2002How a Sheik got milkedNo great Sheiks

195

8th March 2002The Scots have just made it more difficult to freeze assetsLosing your inhibitions

194

1st March 2002Three colourful new contracts from the JCTColourful language

193

22nd February 2002If an adjudicator dreams up a bit of law but doesn't tell, is natural justice breached?Dumb and dumber

192

15th February 2002To err is human, to put it right divine. So hurrah for the RICSError of our ways

191

8th February 2002A literary meeting with Archbishop Makarios' ghostA Makarios moment

190

1st February 2002If you lose an adjudication and the winner owes you money, can you take it off the award?Counter-intelligence

189

25th January 2002How the law really works, as Opecprime has just found outMy word against yours...

188

18th January 2002The new breed of super-adjudicatorTranscendental mediation

187

11th January 2002The Society of Construction Law's new guide to extensions of time is essential readingGetting in early

186

14th December 2001Agree or disagree with an adjudicator's decision, you still have to pay their feesYou'll pay for this

185

7th December 2001 How a Contractor got badly burned in a dairy fireGetting burnt

184

30th November 2001 The strange case of the inexpert witnessExpert witless

183

23rd November 2001If you look like you're trying to pick a fight, you'll lose itSynchronise watches

182

16th November 2001The case of Useless Arbitrator -v- Mistaken JudgeA spot of bovver

181

9th November 2001Arbitration needs a damn good thrashing...Two go mad in Devon

180

2nd November 2001 Why we need some plasterers in ParliamentRe-drawing the line

179

26th October 2001Some promises shouldn't be believed...Promises, promises

178

19th October 2001Watch out for the elephant trap in JCT 98Watch the small print

177

12th October 2001 Arbitrators can have their decisions swayed by fear of criticism - or the sackIndependence daze

176

5th October 2001 A tricky philosophical problem with adjudicationQuestion a silly answer

175

28th September 2001 Why an oral contract may not be worth the paper it's written onDon't take my word for it

174

21st September 2001 Two new forms of contract: the Short Form of Subcontract and ICE Minor WorksDinky is the new big

173

14thSeptember 2001The Fire Precautions Act is more than bad. It's downright dangerousOh, for a bucket of water

172

7th September 2001 The DTI's proposals to improve adjudication are wrong, but three cheers anyway...Fair do's

171

31st August 2001Important guidance from the Courts on when they'll overturn an adjudicator's decisionDon't be daft

170

17th August 2001ow that consultants are personally at risk from claims, they need some cover...Running for cover

169

10th August 2001 With a change of image, arbitration could make a big comebackWell, you're no judge

168

3rd August 2001 Lack of independence of expert witnessToo close to call

167

27th July 2001 Must-buy books on dispute management and contract lawSpeaking volumes

166

20th July 2001At long last we have some sound judicial guidance on payment noticesTake notice

165

13th July 2001The party that calls an adjudication can't just refer the bit it thinks it will winNothing by halves

164

6th July 2001The Construction Act is for us alone, but some outsiders are trying to get in on itCreative contracts

163

29th June 2001Watch out for the small print in your insurance policyRead the small print

162

22nd June 2001The couple whose ideal home turned into a five year court battle with their surveyorIt's a long story...

161

25th June 2001The CIB is wrong to say parties to an adjudication should pay their own costsWe'll all be losers

160

8th June 2001How accurate must architects' drawings be?Fuzzy logic

159

1st June 2001Lawyers have a duty to defend a hopeless case, but they must not lieDo what you do

158

25th May 2001Be careful not to create an impression of biasOn keeping stumm

157

18th May 2001When is a dispute not a dispute? When you call it a matter of dissatisfactionYour word against mine

156

11th May 2001Has the judge in Discain made life harder for adjudicators?Get real, m'lud

155

4th May 2001The first full ruling in human rights vs adjudicationThe weakest link

154

27th April 2001A project is delayed leaving you temporarily out of pocket. Should you recover the loss?Difficult sums

153

20th April 2001Watch how you write your referral notice: adjudicators can only do what they're askedYou're asking for it

152

12th April 2001Why back-to-back subcontracts rarely workGet off my back

151

6th April 2001Does the Aurum ruling clarify the law on duty to warn?You've been warned

150

30th March 2001Can banks and small construction firms get along?We love you

149

23rd March 2001Why the RIBA may be forced to re-evaluate its fee guideThe profession rules, OK

148

16th march 2001Is an adjudicator's decision binding if a firm is insolvent?Holding on

147

9th March 2001Can an adjudicator try to mediate between the parties?Playing for both sides

146

2nd March 2001Will the new offence of "corporate killing" actually do any good?Vengeance is mine

145

23rd February 2001What happens if you try to get your retaliation in firstLooking for trouble

144

16th February 2001Why judges must explain themselves - and what happens if they don'tAs clear as mud

143

9th February 2001Why an elephant tried to hang from a chandelierEek a mouse!

142

2nd February 2001Why small firms must now pay their bills on timeRaising some interest

141

26th January 2001Can adjudicators rule on questions they weren't asked?Ask yourself this

140

19th January 2001Why the climate change levy is just another taxA cold climate

139

12th January 2001What amounts to "reasonable care and attention"? Try cutting through an electricity cable and you'll soon find outTrench warfare

138

5th January 2001Panatown vs McAlpine: A decade of unnecessary litigation and it's still not overGoing for goal

137

15th December 2000What happens if a builder issues a Buildmark when he isn't qualified?False sense of security

136

8th December 2000What's the best way of suing an architect?Gutter sniping

135

1st December 2000The cheeky chippie who added £1500 holiday pay to his billHoliday dilemmas

134

24th November 2000Adjudicators beware: if it looks like you're taking sides, the Courts won't back you upStay frosty

133

17th November 2000The new protocol designed to keep litigation from the High Court Sort it out yourself

132

10th November 2000Why an adjudicator's mistake ended up in Court, even though he admitted he was wrongOnce bitten, fight shy

131

3rd November 2000What happens when you make an agreement with a company that doesn't exist?The problem of existence

130

27th October 2000Does the Human Rights Act apply to adjudication? The judge in a recent case didn't think soA shop window for article 6

129

20th October 2000What can a designer do to stop someone else pinching its architectural ideas?Feeling the pinch

128

13th October 2000How a tragic fire led to new rulings on designer liabilityWho was to blame?

127

6th October 2000Ignore the headless chickens. Adjudication will survive, despite the Discain ruling Don't listen to chickens

126

29th September 2000An undeniably good book on proof, plus a clutch of contracts on CD-ROMJolly well prove it

125

22nd September 2000Will the Human Rights Act outlaw adjudication?An adjudicator is not a judge

124

15th September 2000You'll get your ears boxed if you try to challenge a final settlement. Here's whyThe final straw

123

8th September 2000Why you can't leave anything out of your adjudicationTime is not on your side

122

1st September 2000What happens if you call an adjudicator on a site outside the Construction Act?Out of bounds

121

18th August 2000Could insolvency law have protected Bouygues from that adjudicator's error?Insolvent abuse

120

11th August 2000Are adjudicators taking themselves too seriously? Adjudication in drag

119

4th August 2000Having a single expert witness in industry disputes is about as sensible as making Jeremy Clarkson Lord Chief JusticeWhere Woolf is wrong

118

28th July 2000A little ditty about a heating firm and adjudicationTurning up the heat

117

21st July 2000The Lowry, Christiani & Nielsen and the use of magic spellsCareful what you ask for

116

14th July 2000How Tolent Construction's home-made subcontract got it into troubleFighting for one's cause

115

7th July 2000If you don't like the choice of adjudicator, can you sue them?Can you sue the referee?

114

30th June 2000What happened when Bovis and Braehead went to courtComing to blows

113

23rd June 2000Why you need to read and reread the contract if you plan to withhold moneyHow much of what?

112

16th June 2000The proviso that could scupper third-party rights casesPebbles that spell trouble

111

9th June 2000The third-party rights act lets you walk to Court in another man's shoesShoes made for walking

110

2nd June 2000What should adjudicators do if a party challenges their jurisdiction?Making up the rules

109

26th May 2000The referee is allowed to correct an obvious mistake before the final whistle Get back on the field, ref

108

19th May 2000Who wears the trousers in your special relationship?The politics of trust

107

12th May 2000Two cases that signal a tougher stance on impartiality Whose pocket are you in?

106

5th May 2000Get your dispute heard by an adjudicator and a judge at the same time Undercutting is over

105

28th April 2000How best value is setting local authorities free Undercutting is over

104

20th April 2000Playing rough: the Construction Act (Aussie rules)Strewth! Oz gets tough

103

14th April 2000How a businessman became personally liable for a £200 000 typoNamed and blamed

102

7th April 2000Book reviews: insolvency, adjudication and litigation practiceWading into a sea of risk

101

31st March 2000The straightforward barn conversion that turned into a new legal conundrumHome thoughts

100

24th March 2000The Construction Act applies to oral agreements, doesn't it? Here's what happened when one judge decided it didn'tDon't forget to write

99

17th March 2000The £250 000 refurbishment that ruined a domestic client's lifeHome from hell

98

10th March 2000Can you get a court injunction to stop an adjudication?Stop right there!

97

3rd March 2000Why British industry's fiddling days are numbered Fiddlers on the hoof

96

25th February 2000The adjudicator who was right, even when we was wrongRight, for wrong reasons

95

18th February 2000What lessons can be learned from the Ashford tragedy?Column inches

94

11th February 2000Why the courts won't stand for firms withholding payment without giving proper noticeTake notice!

93

4th February 2000The dispute that went all bananasMorrison's ripe banana

92

28th January 2000What is the definition of the word "work" in the phrase "taking on work"? Was it Bill or was it Ben?

91

21st January 2000The Human Rights Act and how it could affect youThe right stuff

90

14th January 2000How naming arbitrators or adjudicators in contracts may fall foul of the Human Rights ActDangerous choices

89

7th January 2000Another intriguing case on adjudicators' ability to decide on their own powersInflated claims?

88

17th December 1999What's black and white and wrong all over? You guessed it - the referee's verdictYou cannot be serious, ref!

87

10th December 1999If adjudicators can't decide on their jurisdiction, who should?Boundary disputes

86

3rd December 1999Letters of intent are lawyers' bread and butter, but are they any use if things go wrong?Lawyers' love letters

85

26th November 1999Three cheers for the books that take the gobbledegook out of construction lawBring on the Accolades

84

19th November 1999How the Building Manager of the Year won his crownThe recognitions

83

12th November 1999The contract that lets homeowners hire adjudicatorsDealing with domestics

82

5th November 1999The JCT's domestic works form is a labour-saving device for homeowners and buildersHousewives' choice

81

29th October 1999Why subcontractors are dobbing in naughty contractors to Nick RaynsfordNaughty contracts

80

22nd October 1999How the Civil Procedure Rules tripped up one expert witnessHow to come a cropper

79

15th October 1999Who should pay the costs of an adjudication?Winner takes all (maybe)

78

8th October 1999Conspiracy to commit criminal damage?Watch out, cameras about

77

1st October 1999Could spiteful consumers derail the anti-cowboy initiative?Rough justice

76

24th September 1999Naming and taming adjudicatorsPet adjudicators

75

17th September 1999So you thought the courts took an age to reach a verdict?Justice at the speed of light

74

10th September 1999An everyday story of contracting folk?Tale of the expected

73

3rd September 1999Reviews of books on procurement and the law of damagesEssential reading

72

27th August 1999Adjudicators' decisions on costs under the Scheme for Construction ContractsWho's going to pay?

71

20th August 1999The Disability Discrimination Act 1995: good business for builders?Access all areas

70

6th August 1999Potential problems with a single, Court-appointed expert witnessWho needs experts?

69

30th July 1999How an arbitration became a seven year battleThe Seven Years War

68

23rd July 1999Remembering Lord DenningNot blind before the law

67

16th July 1999New ideas for getting at a case loser's assetsSending the boys round

66

9th July 1999The new standard form of contract for facilities managementHow to do 32 jobs at once

65

2nd July 1999The problem of squeaky floorboards (and weak bladders...)Trouble brewing...

64

25th June 1999The Construction Products Directive - doomed to failure?Modern European languages

63

18th June 1999The problems of attaching blame following accidents at workSlippery business

62

11th June 1999Why Arbitrators should not apply cancellation chargesA charge too far

61

4th June 1999Why proposals for capping costs may be a bad ideaLoser takes all

60

28th May 1999The Construction Act's debut in Northern IrelandWelcome to our world

59

21st May 1999How the Courts are imposing higher fines for Health and Safety breachesBetter safe than sorry

58

14th May 1999How charters can clarify the intent of parties to a contractCharters and partners

57

7th May 1999An introduction to the revised JCT Standard FormsKeeping up standards

56

30 April 1999A happy first birthday to the Construction ActMany happy returns

55

23rd April 1999Book reviews on adjudication under the 'Construction Act'How to do adjudication

54

16th April 1999A plea for standard contracts incorporating excellent workmanshipThe joy of specs

53

9th April 1999The opportunities for UK construction firms in ChinaChina and its supporters

52

1st April 1999Liability for defects after the expiry of the defects liability periodA little lesson in liability

51

26th March 1999Liability for defects after the issue of the final certificateWhere the buck stops

50

19th March 1999Renounce modified subcontract forms for National Construction WeekRip-roaring success

49

12th March 1999Confidentiality of what is discussed between Expert WitnessesPrivate and confidential

48

5th March 1999Enforcement of an adjudicator's decision: Macob vs MorrisonAdjudication has arrived

47

26th February 1999Lean thinking for the construction industry? Why not focus on success?Why is a lawyer like a bull?

46

19th February 1999A new Legal Cost Insurance policy discussed.When sleep is at a premium

45

12th February 1999Termination clauses - are they enforceable if they are used in bad faith?Wrongful arrest

44

5th February 1999Consultants' fees discussed after London Underground vs Kenchington Ford.The greatest story ever told

43

29th January 1999Legal liability for defective design discussed following Serhan vs Norris Reading.Shaky ground

42

22nd January 1999Client confidentiality discussed after Prince Jefri Bolkiah vs KPMG.Chinese whispers

41

15th January 1999Avoiding bias - or the appearance of bias - as an adjudicator.Do yourself a favour...

40

8th January 1999Get rid of lawyers who stand in the way of good building.Sweeping statements

39

18th December 1998Christmas may be a good time to settle disputes - but get the agreement in writing.Peace on earth

38

11th December 1998The difference between adjudication and arbitration or conciliationServing yourself right

37

4th December 1998Could good teamwork prevent material waste in the construction industry?Watching the wasteline

36

27th November 1998Can an Employer be liable for injuries caused by defective works?Could it be you?

35

20th November 1998Can amounts paid in a settlement deal be recovered from the wrongdoer?Bypass operation

34

13th November 1998Book reviews covering the JCT Minor Works, adjudication and arbitrationThe price is right

33

6th November 1998The Information Release Schedule from Amendment 18 to JCT80Why architects need boots

32

30th October 1998Should the CITB training levy be reformed?A levy too far...

31

23rd October 1998Is an Expert Witness liable for damages?Legal foundations

30

16th October 1998Is an Engineer responsible for checking an Architect's design?Sainsbury's blazing row

29

9th October 1998The Government's new contract: GC/Works 1998Contract cleaners

28

2nd October 1998Ignoring Health and Safety risks could land you in prisonBlind eyes and gaol houses

27

25th September 1998What happens when an arbitrator gets it wrong?Arbitrary justice

26

18th September 1998The perils of making a payment late under a plant leasing dealThe difference a day makes

25

11th September 1998The effect of the Final Certificate under the I Chem E contractAnd finally...

24

4th September 1998Combating Cowboy Builders: is a Kitemark the solution?The magnificent Prescott

23

21st August 1998Partnering: in both parties' best interests?Spot the balls

22

14th August 1998The Egan Report: Rethinking ConstructionAn industrial revolution

21

31st July 1998Dispute Resolution Advisers - a good idea?Not such a risky business

20

24th July 1998Tony Bingham explains why he loves the InternetAt last: I'm on-line

19

17th July 1998Giving young Arbitrators the experience they needA chicken and egg question

18

10th July 1998Payment rules in the Construction ActGetting rid of the old bill

17

3rd July 1998JCT80 Variation pricing disputes - the Contractor's Price StatementQuite a racket over fair play

16

26th June 1998Adjourning cases to discuss settlementDon't put it off

15

19th June 1998The liability for costs awarded in litigationRecovery position

14

12th June 1998The danger of bias - real or otherwiseJust good friends?

13

5th June 1998NRHA -v- Crouch overturned by Beaufort House -v- Gilbert AshNo more Crouching

12

29th May 1998JCT80 Amendment 18 - Interest on Late PaymentInteresting rate

11

22nd May 1998Advice and assistance for AdjudicatorsAdjudicators' etiquette

10

15th May 1998Assumptions about the "Etc" in the Party Wall Etc Act.Love thy neighbour

9

8th May 1998Tendering collusion and EU Construction Law.Improper suggestions.

8

1st May 1998Review of books on Arbitration Practice and EU Construction Law.Heavy, but not boring

7

9th April 1998Consideration of the CIMAR arbitration rules and the Arbitration Act 1996When to break the rules

6

3rd April 1998Entitlements of parties to compensation where the Employer is not the ownerA long and painful fight

5

27th March 1998"No win, no fee" arrangements for Solicitors and BarristersNo duck, no dinner

4

20 March 1998Special duties of a Supervising Officer on a particular Design and Build ContractNot so super supervision

3

13th March 1998A warning for those drafting contracts to exploit loopholes in the Construction ActExorcising construction

2

6th March 1998Construction Programmes and their later use in disputesCapital punishment

1

27th Feburary 1998Independence of Expert WitnessesRoot but don't toot.


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