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.

LexisPSL Construction understands and reflects the way construction lawyers work in practice. Our clear, concise practice notes, written by our in-house lawyers and external authors, give you a no-nonsense, practical insight, in just a few pages, to help you to understand difficult or unfamiliar areas of construction law. Plus, you can follow direct links to relevant legislation, case law and commentary including the consolidated Construction Act (and other key acts), Construction Law Reports, Construction Law (journal) and Emdens Construction Law.

You’ll also find up-to-date and accurate precedents, flowcharts that help you understand the whole process, checklists to make sure you don’t miss a step and news updates that help you to stay on top of the latest developments in construction law and in the industry.

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Practice notes

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Latest Construction News

Construction weekly highlights—15 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—15 April 2021

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Featured Construction content

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...

Target cost contracts on construction projects

What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...

Loss and expense

Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...

Practice notes

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

9th Nov

Practice notes

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...

9th Nov

Practice notes

Letters of intent—construction

What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...

9th Nov

Practice notes

Negligence in construction

While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...

9th Nov

Practice notes

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 specified in the contract, whether by way of an...

9th Nov

Practice notes

NEC and JCT contracts compared

This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

Sectional completion

What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...

9th Nov

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Interim payments in construction contracts

This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...

9th Nov

Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

9th Nov

Practice notes

Scott Schedules in construction disputes

Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...

Produced in partnership with James Bowling of 4 Pump Court 12th Jan

Practice notes

Design liability in construction contracts

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...

9th Nov

Practice notes

Parties in a construction project

This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...

9th Nov

Most recent Construction content

Practice notes

Estoppel in construction

What is estoppel?The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of...

16th Apr

Practice notes

Adjudication and Part 8 proceedings

This Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication proceedings. It looks at the various...

Produced in partnership with 4 Pump Court 16th Apr

Practice notes

Key issues in operation and maintenance (O&M) contracts for renewable energy projects

OverviewOperation and maintenance (O&M) of renewable energy projects is a critical component of an effective and successful project. Although capital...

Produced in partnership with Jonathan Brufal and Robert Currall of Gowling WLG 16th Apr

Precedents

Consultant’s appointment—long form design

ContentsThis Agreement is made on [date]Parties1[Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at...

16th Apr

In-house

Precedents

Consultant’s appointment—long form non-design

ContentsThis Agreement is made on [date]Parties1[Insert name of Employer] (Company Registration No. [insert number]) whose registered office is at...

16th Apr

Precedents

Short form of consultant’s appointment

This Agreement is made on the [insert date] day of [insert month and year]Parties1[Insert Employer name] (Company Registration No. [insert number]...

16th Apr

Practice notes

ACE Professional Services Agreement

The ACE Professional Services Agreement (PSA) is a standard form consultant appointment published by the ACE (Association for Consultancy and...

16th Apr

Practice notes

JCT contracts—price and payment

This Practice Note provides an overview as to how the contract price is calculated in JCT contracts and how it may be adjusted. It also provides...

16th Apr

Practice notes

Development documents—introduction

Procurement structureAs shown in the Development procurement structure—chart the relationship between the third parties with an interest in a...

16th Apr

Practice notes

Party Wall works—notices, disputes and awards

The Party Wall etc Act 1996 (PWA 1996) imposes rights and obligations on property owners who wish to:•work on existing party walls or...

16th Apr

Practice notes

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 16th Apr

Precedents

Form of Contractor Direct Agreement in favour of a lender (for use on infrastructure and energy projects)

This DIRECT Agreement is made on [insert date] day of [insert month] 20[insert year]Parties1[Insert name] (Company Number [insert number]) whose...

16th Apr

Practice notes

Performance bonds—construction projects

This Practice Note examines the nature of performance bonds, why they are required and where they fit into the suite of documentation commonly...

Produced in partnership with Kennedys 16th Apr

Practice notes

Retention of payment in construction contracts

The concept of a retention from interim payments is commonplace in commercial construction contracts, particularly standard form ones.What is...

16th Apr

Practice notes

JCT contracts 2016—Schedules of Amendments

This document contains quick links to precedent schedules of amendments to various JCT 2016 standard form construction contracts. For our full...

16th Apr

Practice notes

Valuing variations in construction contracts

This Practice Note deals with the procedure for assessing and valuing variations once it has been established that a variation has arisen. It focuses...

16th Apr

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

16th Apr

Q&As

Is the Sale of Goods Act 1979 applicable to international contracts?

International contractsA contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or...

16th Apr

Q&As

If in a business to business contract for the provision of goods, the buying party rejects goods alleging non-compliance with one or more of the implied terms in the Sale of Goods Act 1979 as to quality, fitness for purposes etc and insists that the seller comes and takes the goods away, can the selling party 'safely' agree to take the goods back without prejudice to its right to sue for payment of them?

Sale of Goods Act 1979 (SGA 1979)—implied termsSGA 1979 contains detailed provisions about contracts for the sale of goods, including the formalities...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 16th Apr

Q&As

Can a supplier in a business-to-business sale of goods contract refuse to allow the buyer to return non-faulty goods?

This Q&A refers to a generic supply of goods agreement, in relation to which no specific industry or sector regulations apply.We are not aware of any...

16th Apr