Related statutory requirements must be understood and applied in drafting/negotiating construction contracts and it is a common area of problems/disputes. Our content covers all aspects of payment in construction: the requirements of the HGCRA 1996 plus other issues including retention, set off, final account and escrow.
Detailed guidance and precedent documents in relation to the enforcement of, and challenges to, the adjudicator’s decision - important topics for contentious construction lawyers. Our content includes practices notes on the adjudicator’s decision, correcting errors under the slip rule, severability of an adjudication decision and grounds for a jurisdictional challenge.
We publish all the JCT 2016 contracts and FIDIC contracts (2017 and pre-2017 editions) and have related schedules of amendments for key forms plus comprehensive practice notes and useful flowcharts. We also have earlier editions of the JCT contracts. We have a range of other schedules of amendments, practice notes, checklists regarding standard forms including NEC, MF/1, ICC etc and a helpful NEC glossary.
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.
Arbitration analysis: The Singapore International Commercial Court (SICC), comprising a panel of three judges, considered whether an arbitration...
Public Law analysis: The defendant health board applied for strike out or alternatively summary judgment on a challenge to its procurement of early...
This week's edition of Construction weekly highlights includes a case in which the Scottish Court of Session rejected a claim based on the supply of...
Dispute Resolution analysis: This case concerned the circumstances in which the court would: (i) remedy an error pursuant to CPR 3.10(b) where a Part...
Construction analysis: In a contract (under Scots Law) for the supply of materials, DC Eifeket Aggregates AS (DCE) proceeded under an erroneous belief...
Part 36 offers—how to make a valid Part 36 offerPart 36 precedentsYou may need to consider the validity of an offer in relation to advising clients...
Introduction to retained EU lawThis Practice Note provides an introduction to retained EU law. It provides an overview of the key definitions and...
Overview of the EU legal systemIntroduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared...
Planning issues in demolitionPlanning permission—does demolition count as 'development'?Under section 55(1) of the Town and Country Planning Act 1990...
The National Infrastructure CommissionRole of the National Infrastructure CommissionThe National Infrastructure Commission (NIC) was set up on an...
Example letter 2—Positive Acknowledgement of Party Structure NoticeTo [Insert Building Owner]Of [insert Building Owner’s main address]The Party Wall...
Example letter 8–3/6 Metre NoticeTo [Insert name of Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice...
Example letter 4–Line of Junction Notice–new wall astride the boundaryTo [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The...
Example letter 3—Negative Acknowledgement of Party Structure NoticeTo [insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s...
Schedule of services—Project ManagerSchedule of services—Project ManagerThe Project Manager shall:General responsibilities•act as the Client’s...
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...
Before an application may be presented to an employment tribunal to institute many types of proceedings, the early conciliation requirement obliges the prospective claimant to provide to Acas prescribed information about that matter, including whether or not he or she wishes to enter into conciliatory discussions with the prospective respondent.
An offence which is triable only on indictment in the Crown Court. An adult defendant must be sent forthwith to the Crown Court from the magistrates’ court if charged with an indictable-only offence.
Ordinary shares are the default type of shares of a company (CA 2006, s 560). Generally, they carry voting rights, rights to dividends and a right to participate on a winding up in any excess assets. Companies may issue different classes of ordinary shares, each with their own distinct rights.
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