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Latest Construction News

Recent developments in professional indemnity insurance for the construction sector

Recent developments in professional indemnity insurance for the construction sector

The following Construction news provides comprehensive and up to date legal information on Recent developments in professional indemnity insurance for the construction sector

Brexit—the end of public procurement rules or business as usual?

Brexit—the end of public procurement rules or business as usual?

The following Construction news provides comprehensive and up to date legal information on Brexit—the end of public procurement rules or business as usual?

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

The following Construction news provides comprehensive and up to date legal information on Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Construction content

Build Operate Transfer (BOT) contracts

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...

The prevention principle

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...

Differences between adjudication and other forms of dispute resolution

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...

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

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,...

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...
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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...
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9th Nov
tag iconIn-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...
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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...
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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...
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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...
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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...
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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...
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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...
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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...
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Produced in partnership with MacRoberts LLP 12th Jan
tag iconScottish 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...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
tag iconIn-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...
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9th Nov
Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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9th Nov
tag iconIn-house
Practice notes

JCT Pre-Construction Services Agreement

The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes

Design liability in construction contracts

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...
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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...
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9th Nov

Most recent Clause bank for construction lawyers content

Practice notes

Property deeds—valid execution by individuals

To be a deed, an instrument must be validly executed:•by the person executing it or a person authorised to execute it in the name of or on behalf of...
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15th Jan
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...
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15th Jan
Practice notes

What are the signature requirements for property contracts?

Law of Property (Miscellaneous Provisions) Act 1989A contract for the sale or other disposition of land, or of any interest in land, is void unless it...
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15th Jan
Practice notes

Reasonable and best endeavours

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...
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15th Jan
tag iconIn-house
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...
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14th Jan
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)...
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Produced in partnership with Joanne Kane of Carmelite Chambers 11th Jan
Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...
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8th Jan
tag iconCOVID-19 tag iconIn-house
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...
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8th Jan
tag iconCOVID-19 tag iconIn-house
Q&As

Is exchange of scanned copies (in whole or in part) sufficient for execution of an agreement in counterpart or are originals required?

Counterpart agreementsBoth deeds and contracts can be executed in counterparts. A counterpart essentially means a duplicate document. Every party to...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan
Precedents

Intellectual Property Rights (IPR) definition

Intellectual Property Rights means copyright, rights related to copyright such as moral rights and performers rights, patents,...
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8th Jan
Q&As

Can an overseas company sign an English law contract on behalf of its UK branch?

The Companies Act 2006 defines an ‘overseas company’ as any company incorporated outside the UK. An overseas company has to be registered at Companies...
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24th Dec
Q&As

Is it possible to draft a jurisdiction clause which is neither exclusive or non-exclusive but offers a middle ground?

This Q&A relates to drafting options for jurisdiction clauses which anticipate court litigation in a business-to-business contract.The terms...
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24th Dec
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...
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22nd Dec
Practice notes

The role of boilerplate

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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13th Dec
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...
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6th Dec
Precedents

Interest on late payment clause

1Interest on late paymentIf either party fails to make payment in accordance with this Agreement the other party shall be entitled, in addition to any...
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6th Dec
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...
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6th Dec
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...
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6th Dec
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...
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6th Dec
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...
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6th Dec

Popular documents

LEXISNEXIS

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

LEXISNEXIS

Non-UCITS retail schemes (NURS)

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on

LEXISNEXIS

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G

LEXISNEXIS

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third