Design clauses

Design clauses

The clause bank for construction lawyers brings together examples of the most commonly used clauses from construction contracts. The clauses are drafted for construction practitioners together with drafting notes giving guidance on how these clauses should be used. The clauses are arranged alphabetically

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Latest Construction News

Arbitration clause defeats court claim in multi-party claim in UAE

Arbitration analysis: In Case No 136 of 2025, the Abu Dhabi Commercial Court held that a subcontractor’s AED 103m claim reacting to two Abu Dhabi projects was inadmissible due to a valid and timely invoked arbitration agreement in the subcontract. The court rejected attempts to circumvent arbitration by joining the project owner on the basis of signed undertaking letters, finding that the letters did not create an independent obligation separate from the subcontract framework. The court found that the arbitration clause prevented it from accepting jurisdiction, and that any recourse against the owner was premature pending the arbitration. The decision is a clear reaffirmation that UAE onshore courts will not accept jurisdiction where the arbitration defence is raised at the appropriate time. The decision also emphasizes the UAE courts’ growing reluctance to allow procedural structuring, such as by joinder of non-signatory parties, to bypass agreed arbitral mechanisms. To be clear, the court did not address whether an arbitral tribunal might ultimately decide that the project owner itself is bound by the arbitration agreement. By characterising the claim against the project owner as premature, the court implicitly contemplated that such a claim could be brought before it at the appropriate stage. Conversely, the court’s express concern to avoid fragmentation of disputes may be a relevant consideration for the tribunal if and when it is asked to determine any application to join the project owner to the arbitration. Written by Antonia Birt, partner at Reed Smith LLP.

To be or not to be related companies? (DQR v DQT)

Arbitration analysis: The case of DQR v DQT addresses the novel situation in which a related company would have been placed in a financially advantageous position had it decided to go against another company in the same group. In such a circumstance, related companies have to ask themselves—is it better to remain on the side of the larger group or is it better to go it alone (and possibly against the group) if there is an opportunity to obtain recovery. The Singapore High Court recently dismissed an application to set aside an ICC arbitral award arising from a multi‑contract dispute, involving an unincorporated joint venture and a related services contract, both connected to the delivery of a major infrastructure project. The two claimants in the court proceedings (being the unsuccessful respondents in the arbitration) argued that the arbitral tribunal had exceeded its jurisdiction by determining disputes arising under a separate joint venture deed The court held that the tribunal had, in fact, remained squarely within the scope of the submission to arbitration. Written by Dan Perera, partner, Aaron Tan, associate, and Michael Popp, trainee solicitor at HFW Singapore LLP.

BSI publishes PAS 2000:2026 on construction product safety

The British Standards Institution (BSI) has published PAS 2000:2026 – Construction products – Bringing safe products to market – Code of practice. The code sets out recommendations for construction product manufacturers and other economic operators to demonstrate that reasonable steps have been taken to ensure construction products placed on the market are safe for their intended use. Sponsored by the Office for Product Safety and Standards, the code outlines a due diligence approach aligned with Recommendation 3.3 of the Morrell-Day Review and aims to promote safety, transparency and continuous improvement throughout the construction supply chain. It addresses areas including pre-market risk assessment, factory production control processes, product information and documentation and the collection and use of market feedback. The code applies to construction product manufacturers, importers, distributors, product designers, contractors, building designers, building owners, accountable persons, regulators, conformity assessment bodies and insurers and warranty providers.

Scottish Government publishes consultation analysis on building standards flooding guidance updates

Scottish Government has published an analysis of consultation responses to its consultation on proposed updates to guidance within Section 3.3 (Flooding and Groundwater) of the Building Standards Technical Handbooks, with a particular focus on property flood resilience (PFR) for new buildings.