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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

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...

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

The prevention principle

This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...

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 12th Jan

Practice notes

Target cost contracts on construction projects

What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...

9th Nov

Practice notes

Loss and expense

Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...

9th Nov

In-house

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

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

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

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 12th Jan

In-house

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

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 12th Jan

Practice notes

Benefits and risks of adjudication

Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...

9th Nov

Practice notes

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

9th Nov

Practice notes

Parties in a construction project

This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...

9th Nov

Most recent Clause bank for construction lawyers content

Practice notes

The role of boilerplate

This Practice Note discusses the role and importance of the boilerplate clauses in an agreement. It identifies the boilerplate clauses that most...

12th Apr

Practice notes

Property deeds—use and execution of deeds in property transactions

IntroductionThis Practice Note looks at when deeds are required in property transactions, how deeds are validly executed by individuals in accordance...

9th Apr

Practice notes

Legal and equitable assignment in construction contracts

What is an assignmentAn assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee), for...

8th Apr

Practice notes

Copyright in construction contracts

The question of who owns intellectual property in the designs, drawings, specifications etc created in relation to a construction project is very...

8th Apr

Practice notes

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....

8th Apr

Practice notes

The Contracts (Rights of Third Parties) Act 1999 in construction contracts

This Practice Note looks at the key features of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), and how third party rights are used...

8th Apr

Practice notes

Introduction to adjudication clauses

There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...

8th Apr

Practice notes

Construction contract documents

In most cases, a construction contract will incorporate a number of documents that all work together to set out the obligations and liabilities of the...

8th Apr

Practice notes

Time of the essence—construction contracts

What does time of the essence mean?Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a...

8th Apr

Practice notes

Limiting liability in construction contracts

This Practice Note provides guidance on limitation clauses and exclusion clauses (sometimes referred to as exemption or exception clauses) in...

8th Apr

Practice notes

No greater liability clauses in collateral warranties

'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the...

8th Apr

Practice notes

Concurrent delay

This Practice Note considers the meaning and relevance of concurrent delay on construction projects, contractual terms dealing with concurrent delay...

8th Apr

Practice notes

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

8th Apr

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

8th Apr

COVID-19

In-house

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

8th Apr

COVID-19

In-house

Practice notes

Executing deeds and documents in property transactions—charities

Incorporated v unincorporated charitiesThere are currently a number of incorporated or unincorporated structures that are adopted by...

8th Apr

Practice notes

Novation in construction projects

What is novation?Novation is the transfer of one party’s rights and obligations under a contract to a third party. Novation effectively substitutes a...

7th Apr

Precedents

Time of the essence clause

1Time to be of the essence of all clausesEach time, date or period referred to in this agreement (including any time, date or period varied by the...

9th Mar

Practice notes

Limitations and exclusions of liability—consultant appointments

This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside...

8th Mar

Practice notes