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 Health and Safety Executive (HSE) has updated its guidance on registered building inspectors, adding information to building categories and...
This week's edition of Construction weekly highlights includes insights from the Joint Contracts Tribunal (JCT) on the Target Cost Contract, an Upper...
The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) has announced plans to launch an AI arbitrator system for...
The Royal Institution of Chartered Surveyors (RICS) has launched a consultation on a new global construction professional standard, which incorporates...
The Royal Institution of Chartered Surveyors (RICS) has published its AI in Construction 2025 report, drawing on responses from over 2,200...
Latest Construction Practice Notes
TCC—case managementThis Practice Note considers case management in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the...
The Housing (Cladding Remediation) Scotland Act 2024—key provisions and issuesThe Scottish Government introduced the Housing (Cladding Remediation)...
TCC—costs managementNOTE: The 152nd PD update came into force on 1 December 2022, see: 151st and 152nd Practice Direction updates—changes in force 16...
TCC—case management conference (CMC)This Practice Note provides guidance on preparing for a case management conference (CMC) in the Technology and...
TCC—allocating, transferring and staying proceedingsThis Practice Note looks at various preliminary case management issues affecting cases proceeding...
Latest Construction Precedents
Notice of intention to terminate—construction contractsNotice of intention to terminate[To][Date]By [Email, Fax and First Class Pre-Paid Post]Dear...
Letter from sub-contractor to employer where main contractor insolventLetter for sub-contractor to send to employer in the event of main contractor...
Forward funding agreementDate [date]Parties1[name of Fund] [of OR incorporated in England and Wales (company registration number [number]) whose...
Part 36 offer—defendant Part 36 offer letterNote: This Precedent is a defendant Part 36 offer letter; it does not cover CPR 36 provisions that relate...
Part 36 offer—claimant Part 36 offer letterNote: this Precedent is a claimant Part 36 offer letter; it does not cover CPR 36 provisions that relate...
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
Buildings insurance
Buildings insurance provides cover for the cost of rectifying, replacing or reinstating any damage caused to the structure of a property (such as the roof, walls, ceilings, floors, doors and windows) if the damage is caused by an insured risk (as this is defined in the relevant insurance policy).
Change request
A change request normally comes from a contractor (or sub-contractor) seeking approval to carry out a variation to the works
Guaranteed maximum price
Where the contractor agrees a figure as a ceiling for the contract sum. The contract may also provide for savings to be shared between the employer and the contractor as an incentive to control costs.
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