This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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...
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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...
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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...
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
This Q&A uses the following scenario: A and B enter into a contract whereby A agrees to purchase a widget from B for a price of £1,000. B provides the...
This Q&A discusses whether or not a clause in a contract between A and B that prohibits B from assigning the contract (ie a non-assignment clause) is...
SummaryA simple acknowledgement of a notice of assignment of a contract or debt by the relevant contract counterparty of the assignor (the recipient)...
Date [insert date] 20[insert year]Parties1[insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert...
NovationNovation is the replacement of an existing contract for a new contract. One of the original parties to the contract transfers both its rights...
What is novation?Novation is the transfer of one party’s rights and obligations under a contract to a third party and comprises the original contract...
An assignment is the transfer of a right or an interest vested in one party (assignor) to another party (assignee). The effect of a valid assignment...
A collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty creates a...
A warranty from the consultant to the contractor typically relates specifically to losses, etc that arise out of the consultant’s performance of its...
Assignment for the transfer of rights under a contractAn assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent...
For guidance as to how the courts interpret contracts generally, see Practice Note: General rules of contract interpretation—summary and Formation and...
There are two key features of deeds that distinguish them from simple contracts:•deeds are enforceable irrespective of the lack of consideration (in...
For information relating to joint, several, and joint and several liability, see:•Practice Note: Joint, several, and joint and several liability•Q&A:...
An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take...
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