About Construction Law
In construction, knowing the law is only part of the challenge. It’s also important to see things from a commercial perspective and understand the connection between the agreements you’re advising on and what happens on the ground – knowing when to push a point or let it go and enabling you to give your clients advice that they can work with. From design to build and beyond.
Issues in construction contracts
Applying statutory requirements when drafting and negotiating construction contracts throws up common problems and disputes. We cover HGCRA 1996 requirements plus other issues lke retention, set off, and escrow.
Construction disputes
In-depth guidance and precedent documents for enforcing and challenging the adjudicator’s decision. From correcting errors under the slip rule, to grounds for a jurisdictional challenge, this is the place to go.
Standard form construction contracts
We publish JCT 2016 contracts and FIDIC contracts, and have related schedules of amendments for key forms. See other schedules of amendments, practice notes, and checklists for forms including NEC, MF/1, ICC.
Commercial perspective
Understand the connection between the agreements you’re advising on and what happens on the ground. Know when to push a point or let it go, and give your clients advice they can work with from design to build and beyond.
Topics We Cover
Latest Construction News
The Civil Procedure Rule Committee (CPRC) has published its minutes following their meeting of 6 June 2025, which was conducted in a hybrid format, at...
The Construction Industry Council (CIC) has announced that the All-Party Parliamentary Group for Excellence in the Built Environment (APPGEBE) has...
The Cabinet Office has announced that it has paused debarment investigations into seven organisations criticised by the Grenfell Tower Inquiry,...
The Office for National Statistics (ONS) has published data indicating a 0.6% decrease in construction output for May 2025. This decline was driven by...
Construction analysis: The Technology and Construction Court (TCC) has handed down a significant judgment giving further guidance for fire safety...
Latest Construction Practice Notes
JCT Contracts 2024—DefectsThis Practice Note looks at how defects are dealt with under the JCT Contracts 2024, focussing on the provisions in the...
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
Limitation periods in construction contractsThe Limitation Act 1980 (LA 1980) (as amended by the Latent Damage Act 1986 (LDA 1986)) governs the time...
Construction case law tracker―2025For previous years, see the Construction case law tracker―2024, Construction law case tracker (2021–2023, with cases...
Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
Latest Construction Precedents
FIDIC Contracts 2017—Reference of a Dispute to the Dispute Avoidance/Adjudication Board_______________________________________[NAME OF...
Letter of instruction to single joint expert (with drafting notes)Private & confidential[insert name and address of expert][insert date]Dear [insert...
Forward funding agreementDate [date]Parties1[name of Fund] [of OR incorporated in England and Wales (company registration number [number]) whose...
Consultant form of collateral warranty to employer (post novation)—Consultant Friendly Date [insert date] 20[insert year]Parties1[insert name of...
Consultant form of collateral warranty (with optional step-in clauses)—Consultant friendlyDate [insert date] 20[insert year]Parties1[insert name of...
Latest Construction Q&As
Featured Construction content
What are preliminaries in a construction contract?
What is a variation on a construction project?
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Time of the essence—construction contracts
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for...
Product liability insurance for the construction industry
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
What is the difference between termination, determination and a voided contract?
Escrow accounts and escrow agreements
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...
Scott Schedules in construction disputes
Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...
Differences between adjudication and other forms of dispute resolution
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Concession contracts—materials and resources
Concession contracts—materials and resourcesA concession is a form of public private partnership (PPP). It is a long term contractual arrangement...
Professional indemnity insurance in construction projects
Professional indemnity insurance in construction projectsThis Practice Note looks at professional indemnity (PI) insurance in the context of...
What is the difference between joint insured, co-insured and composite insured?
Target cost contracts on construction projects
Target cost contracts on construction projectsWhat is a target cost contract?A target cost contract is a type of cost reimbursable contract under...
Defects liability period and rectification of defects
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
Retention of payment in construction contracts
Retention of payment in construction contractsThe concept of a retention from interim payments is commonplace in commercial construction contracts,...
What is practical completion?
What is practical completion?Practical completion marks the end of the construction period of a project, when the works are 'finished' and the...
Quantum in construction claims
Quantum in construction claimsThis Practice Note looks at some of the key considerations that may need to be taken into account when a party to a...
Time at large in construction contracts
Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Sub-contractors' insurance
Sub-contractors' insuranceThis Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties...
Associated legal terms
Certificate of making good defects
A certificate issued pursuant to the contract'>building contract by the architect or employer's agent. The certificate confirms that the contractor has made good any defects, shrinkages or faults that have appeared during the defects liability period. It might also be referred to as a Notice of Completion of Making Good, or similar.
Pay when paid
A clause, usually in a sub-contract, whereby one party is only obliged to pay the other if payment has been received from a third party. Ineffective under HGCRA 1996, s 113 except where the reason for non-payment is the insolvency of the third party.
Unforeseen ground conditions
Ground conditions which may affect the works (in terms of cost or time) and which were not known or anticipated when the contract was entered into. May cause a change to the way in which the works have to be carried out, require remediation or otherwise cause delay/disruption to the completion of the works.
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