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
Construction analysis: The Technology and Construction Court (TCC) refused to strike out or give summary judgment against a flooring subcontractor...
Construction analysis: Leonardo Hotel Management (UK) Ltd’s claims concerning allegedly defective hotel cladding raised important questions about...
Property Disputes analysis: The First-tier Tribunal's (FtT) decision in Secretary of State for Housing, Communities & Local Government v EDR Builders...
The House of Commons Public Bill Committee has invited written evidence on the Building Safety (Remediation of Unsafe Cladding etc) Bill, which seeks...
This week's edition of Construction weekly highlights includes: commentary on the key construction announcements made in the Autumn Budget 2026, a...
Latest Construction Practice Notes
This Practice Note considers the test for an employer’s vicarious liability in tort, which arises from certain legal relationships and in relation to...
Joint ventureThe term joint venture has no specific legal meaning under UK law. It is essentially a commercial arrangement between two or more parties...
Purpose of listingThe main purpose of listing is to protect buildings of special architectural or historic interest and their surroundings from...
ContextEnvironmental impact assessment (EIA) is an assessment of a project’s likely significant environmental effects. EIA must be carried out for...
This Practice Note is about the VAT treatment of building work. Specifically, it looks at the types of building work that will qualify for VAT relief,...
Latest Construction Precedents
General reservation of an objection concerning a DB member[The Relevant Party] maintains its objection concerning the [appointment OR continued...
Net contribution clausesWe want to discuss with you the approach that should be taken in relation to the net contribution clause which [insert name of...
[IN THE HIGH COURT OF JUSTICE[[BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION]][Insert court, list or sub-list and venue as appropriate]ORTHE...
SCAFFOLD licence—Long formPermitting scaffold to be erected in relation to the Works at [insert]This Deed is made on [date]Parties1[insert name of...
This Contract comprises the completed RIBA Standard Professional Services Contract 2020 (2024 amendment) published by the Royal Institute of British...
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
Construction operations
A defined term from the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which is required to enable adjudication.
Formal adjudication
In legal practice, formal adjudication describes a structured, legally prescribed decision‑making process in which an independent adjudicator or tribunal determines a dispute or application by following set procedures, taking evidence and submissions, and issuing a reasoned, binding decision subject to appeal or later review. The phrase itself is descriptive rather than a term of art, but specific regimes define adjudication.
A key example is statutory construction adjudication, providing a rapid, interim‑binding determination and “pay now, argue later” cash‑flow protection:
- England & Wales and Scotland: Housing Grants, Construction and Regeneration Act 1996 (as amended) and the relevant Scheme regulations.
- Northern Ireland: Construction Contracts (Northern Ireland) Order 1997 and associated Scheme.
- Ireland: Construction Contracts Act 2013.
Decisions are typically due within 28 days and are enforceable in the courts (e.g., TCC in England & Wales, Court of Session in Scotland, High Court in Northern Ireland and Ireland), while remaining open to final determination by arbitration or litigation.
Beyond construction, “formal adjudication” is used for tribunal and regulatory determinations (e.g., professional discipline, social security, immigration), denoting a prescribed, adversarial or quasi‑adversarial process with procedural safeguards, written reasons and defined routes of challenge. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Step in rights
Rights for a third party, most commonly a funder, to step in to a contract and take over a development in order to complete it if the employer becomes insolvent or is otherwise in default. Usually contained in a collateral warranty.
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