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.
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.
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.
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.
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) considered whether a...
Public Law analysis: After a gestation period of 16 months, the Procurement Bill was announced in the Queen's Speech 2022 and has already received its...
Construction analysis: This is a case that concerned the key question as to whether at the time of the issue of the claim form (the ‘Claim Form’), the...
Public Law analysis: The government introduced the Procurement Bill for its First Reading in Parliament on 11 May 2022, following over two years of...
This week's edition of Construction weekly highlights includes commentary on the implications for the construction industry following the Queen’s...
Late payment penalties—PAYE, NICs and construction industry schemeThis Practice Note is about the penalty regime in the ...
Environmental impact assessments—key pointsPurposeAn environmental impact assessment (EIA) is an assessment of a project's likely significant...
Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...
Listed building regime and listed building consentPurpose of listingThe main purpose of listing is to protect buildings of special architectural or...
Transport projects—materials and resourcesThis Practice Note includes a brief introduction to transport projects and sets out links to useful...
Invitation to participate in dialogue—competitive dialogue procedure[Insert name of contracting authority]Tender for [Insert name of Procurement...
Scaffold licence—long formSCAFFOLD licence—Long formPermitting scaffold to be erected in relation to the Works at [insert]This Deed is made on...
Example letter 10—Negative acknowledgement of 3/6 metre noticeTo [insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main...
Example letter 1—Party Structure NoticeTo [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]The Party Wall etc Act...
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane...
What is practical completion?Practical completion marks the end of the construction period of a project, when the works are 'finished' and the...
Design liability in construction contractsIf a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part...
Implied terms in construction contractsThe implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term...
Material breach in construction contractsThis Practice Note considers the relevance of material breach in the context of construction projects, looks...
Adjudication—the Referral NoticeThis Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what...
Termination of a construction contractA construction contract may be discharged, terminated or determined in a number ways. These principally...
The Notice of AdjudicationProduced in association with 4 Pump CourtA Notice of Adjudication is the first step in commencing an adjudication. This...
Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...
FIDIC contracts—introduction to the Gold Book 2008This Practice Note provides an introduction to the FIDIC Conditions of Contract for Design, Build...
Fitness for purpose in construction contractsA contractor or consultants’ standard of care in relation to design is a common source of disagreement...
Quantum meruit in constructionThis Practice Note looks at what quantum meruit is, the most common situations where a quantum meruit claim may arise in...
JCT contracts—timeThis Practice Note considers the Contractor’s obligations in relation to time under the JCT 2011 and 2016 contracts. It looks at...
Standard form building contractsThere have been standard forms of building contracts in the UK for over 100 years and their use is extremely...
Key differences between Scots law and English law for construction lawyersThis Practice Note highlights key differences between the law in Scotland...
Introduction to PFI and PF2This Practice Note provides a broad introduction to the Private Finance Initiative (PFI). It looks at what PFI is, the...
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NEC contracts—variationsThis Practice Note looks at how variations are dealt with under the NEC Engineering and Construction Contract (ECC). For a...
Creating a portfolio of assets in which the payments received (interest, dividends) match the payments (such as pension benefits) out.
A type of court proceeding where a judge reviews the lawfulness of a decision or action made by a public body (such as the Home Office).
A performer has the right to prevent the making available of the performer's work.
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