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

Precedents

Q&As

Featured Construction content

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....

FIDIC contracts—introduction to the Silver Book 2017

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...

Practice notes

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...

Produced in partnership with 4 Pump Court 9th Nov

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...

9th Nov

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

Schedules of services

This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...

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

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

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 9th Nov

Scottish Law

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...

Produced in partnership with Victoria Tyson of Corbett & Co 9th Nov

In-house

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

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 9th Nov

Most recent Construction content

Practice notes

Corporate manslaughter—an introductory guide

The specific offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007). The CMCHA 2007...

2nd Dec

Practice notes

The Bribery Act 2010—an introductory guide

The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD)...

Produced in partnership with Joanne Kane of Carmelite Chambers 2nd Dec

Precedents

Construction Pre-Action Protocol letter of claim—defects

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...

2nd Dec

Precedents

Construction Pre-action Protocol letter of claim

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...

2nd Dec

Practice notes

Construction case tracker

The Construction case tracker is a list of key judgments from 2019 and 2020 considered relevant to construction lawyers, with cases listed in reverse...

2nd Dec

In-house

Q&As

Can a deed be witnessed electronically using an e-signing platform?

Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 2nd Dec

Q&As

Do you have any contractual clauses dealing with a party's readiness for Brexit or concerns that Brexit will impact a party's ability to perform its contractual obligations?

It is assumed that the contract is a business-to-business commercial contract.You may wish to consider the following:•Brexit—warranty for commercial...

2nd Dec

Q&As

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?

In commercial transactions it is frequently the case that an ‘entire agreement’ clause will be inserted into the contract with the purpose of seeking...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 2nd Dec

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

1st Dec

Q&As

When requesting permission to rely on a supplemental skeleton argument under CPR PD 52C, para 32(2), what form does that request need to take—is a formal application required or is a written request sufficient? If a written request would suffice, what form would that take? For example, would a letter addressed to the Civil Appeals Registry complying with CPR PD 52C, para 32(2) be adequate?

The timetable for preparation and filing of documents for appeals, including skeleton arguments, are set out in CPR PD 52C. The directions within CPR...

Produced in partnership with Ryan Turner of Lamb Chambers 1st Dec

Q&As

Two parties have claims against one another which are unconnected. One of the parties makes a Part 36 offer in respect of both claims. They have not been consolidated. Is that Part 36 offer a valid Part 36 offer considering those claims are not connected except by the parties?

CPR 36 sets out a self-contained procedural code relating to offers to settle made pursuant to its terms. CPR 36 offers are a powerful weapon in a...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Dec

Q&As

Can a third party debt order be made against solicitors currently holding funds from the sale of a property part owned by the judgement debtor?

A third party debt order (TPDO) is one of a suite of enforcement measures that a party can deploy when seeking to obtain monies from a judgment...

Produced in partnership with Ryan Turner of Lamb Chambers 1st Dec

Q&As

Can a deed be signed abroad and witnessed by a foreign national?

This response assumes that the deed is executed by an individual.This response excludes execution under seal, by electronic signatures, by...

Produced in partnership with Cecilia Xu Lindsey of 9 Stone Buildings 1st Dec

Q&As

In the case of a tri-partite deed which has already been signed and executed by one party, is it possible for each of the two unsigned execution blocks to be amended to enable signature and execution in an alternate but valid way by the other two parties? If so, would the party which has already signed and executed, be required to sign and execute again?

We have assumed that:•the deed is a deed of participation to join a master trust pension scheme. The employer is the party which has already signed,...

1st Dec

Practice notes

Brexit—contract risk management

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

1st Dec

Brexit

Practice notes

Retention of title in construction

Most companies supplying materials or goods within the construction industry do so using standard written terms and conditions. These terms will...

1st Dec

Precedents

Forward funding agreement

Date: [date]Parties1[name of Fund] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at OR...

1st Dec

Practice notes

Brexit—arbitration law and practice in England and Wales

This Practice Note considers some of the actual and potential legal and practical consequences of the UK’s withdrawal from the EU (Brexit) for...

1st Dec

Brexit

Precedents

Agreement for lease—landlord to carry out minor works incorporating the Standard Commercial Property Conditions (Third Edition)

date [date].Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

1st Dec

Practice notes