Articles

  • Nov 29, 2024 | bdonline.co.uk | Tony Bingham

    Design responsibility should not be forced onto the shoulders of builders, especially subcontractors, argues Tony Bingham I suggest that the Grenfell report of September 2024 is the most important and helpful lid to be taken off our building industry. Take a look at volume 4, part 6 of the Phase 2 report. It tells you about the very ordinary behaviour of architects, builders, subcontractors and sub-subcontractors. That’s a narrower focus than the whole report.

  • Nov 19, 2024 | building.co.uk | Tony Bingham

    High-speed dispute resolution such as adjudication may be imperfect, but cost makes it a better option than litigationThe Scottish Judge in the recent case of ATG Services (Scotland) Ltd vs Ogilvie Construction Ltd [2024] CSOH 94 laid it on the line. He said: “The defence to this action is entirely without merit.” It was an adjudicator’s decision that awarded over £1m to ATG. But Ogilvie did not pay. So the groundworks subcontractor came to court to get the award enforced.

  • Oct 29, 2024 | building.co.uk | Tony Bingham

    Design responsibility should not be forced onto the shoulders of builders, especially subcontractors, argues Tony BinghamI suggest that the Grenfell report of September 2024 is the most important and helpful lid to be taken off our building industry. Take a look at volume 4, part 6 of the Phase 2 report. It tells you about the very ordinary behaviour of architects, builders, subcontractors and sub-subcontractors. That’s a narrower focus than the whole report.

  • Sep 23, 2024 | building.co.uk | Tony Bingham

    Provident vs Hexagon changes the game on late payment – do it twice, and the aggrieved contractor can walkThis Provident Building Services Ltd vs Hexagon Housing Association Ltd case is one hell of a palaver. It’s all about one thing… employer Hexagon didn’t pay the builder on time. In 32 interim accounts, 19 of them were paid late – paid yes, but on time, no. In the end the builder packed his whole kit and caboodle and quick marched away forever.

  • Aug 21, 2024 | building.co.uk | Tony Bingham

    When a party to a dispute anticipates losing, it may – as a desperate measure – seek recusal on grounds of judicial biasIt’s jaw-dropping stuff. This Post Office inquiry has revealed a variety of fascinating goings-on that I recognise all the way down here in little-ol’ adjudication. Alan Bates vs the Post Office is group litigation: some 550 sub-postmasters got their act together and challenged the Post Office in court, for what they said were huge wrongs landed on their shoulders.

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