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
Construction analysis: In this Part 8 claim, the Technology and Construction C ourt (TCC) held that, while informal, the parties had entered a...
The UK Green Building Council (UKGBC) has submitted its response to the Department for Environment, Food and Rural Affairs (DEFRA) consultation on the...
The Department for Energy Security and Net Zero (DESNZ) has announced that Eni has finalised a £2bn deal for the Liverpool Bay Carbon Capture and...
The Department for Energy Security and Net Zero (DESNZ) has launched a consultation on revised National Policy Statements (NPS) for energy...
The Department for Energy Security and Net Zero (DESNZ), Department for Business and Trade, HM Treasury, Great British Energy (GB Energy) and the...
Latest Construction Practice Notes
Net zero carbon buildings—law and policyWhat is a net zero carbon building?In April 2019, the UK Green Building Council (UKGBC) published Net Zero...
Debarment for bribery convictionsSTOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force....
Failure to prevent bribery—the offenceThis Practice Note explains the corporate criminal offence of failing to prevent bribery under section 7 of the...
CIOB contracts—reference copiesThis document contains searchable quick links to PDF copies of the Chartered Institute of Building (CIOB) Time and Cost...
Construction case law tracker―2025For previous years, see the Construction case law tracker―2024, Construction law case tracker (2021–2023, with cases...
Latest Construction Precedents
Payment notice—contracts post-1 October 2011Payment noticeReference: [insert appropriate reference to the contract and project]Date: [insert date]To:...
Acknowledgement of Line of Junction Notice—New wall astride the boundaryTo [Insert name of building owner] (‘Building Owner’)Of [insert Building...
Option 1—deed executed by administrative receiver under the company’s common seal Executed as a deed by [insert name of company]...
Option 1—deed executed by liquidator under the company’s common seal ...
Invitation to participate in dialogue—competitive dialogue procedureSTOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act...
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...
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...
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...
Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?
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...
Build Operate Transfer (BOT) contracts
Build Operate Transfer (BOT) contractsThe Public Private Partnership (PPP) models are a popular way for governments to involve private investment,...
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...
Liquidated damages in construction contracts
Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in 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...
Provisional sums
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...
What is the difference between termination, determination and a voided contract?
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...
The final account in construction and engineering contracts
The final account in construction and engineering contractsWhat is the final account?The expression 'final account' refers to the consolidated...
Fluctuations in construction contracts
Fluctuations in construction contractsWhat are fluctuations?Fluctuations provisions are clauses in construction contracts that allow the contract sum...
Breach of natural justice in adjudication
Breach of natural justice in adjudicationProduced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of...
New home warranties
New home warrantiesThis Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on...
Extensions of time under construction contracts
Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
Associated legal terms
Default payment notice
A payment notice is a notice given under HGCRA 1996, s 110A by a payer (or specified person) or the payee setting out the amount to be paid and how it is calculated. Most standard form contracts provide that the notice is to be given by the payer (or specified person). Where the payer (or specified person) is required to give a payment notice but fails to do so, the payee may give a 'default' payment notice pursuant to HGCRA 1996, s 110B instead.
Dispute board
A body formed pursuant to the provisions of a building contract (eg FIDIC contracts) which has authority to decide disputes referred to it by the parties to the contract. The extent of the dispute board’s powers, its procedures and its ability for its decisions to bind the contracting parties will be set out in the contract. There are two types of dispute boards—a dispute review board and a dispute adjudication board (the latter is able to issue binding decisions). See subtopic: Dispute Boards.
Practical completion certificate
A certificate or statement issued pursuant to the building contract by the architect or employer's agent confirming that practical completion has been achieved and the date on which it occurred.
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