Third party clauses

Third party 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

RICS publishes response to Hong Kong Policy Address 2025

The Royal Institution of Chartered Surveyors (RICS) has published its response to Hong Kong's 2025 Policy Address, setting out recommendations across three strategic government initiatives. RICS proposes establishing a Long-Term Development Financing Scheme led by the Hong Kong Monetary Authority to provide preferential loans tied to GDP growth or project performance for the Northern Metropolis development. The organisation recommends broadening Public-Private Partnership models beyond traditional Build-Operate-Transfer arrangements to include joint ventures and availability-based frameworks, supported by a dedicated PPP and Finance Advisory Panel. For education and talent development, RICS suggests tax concessions or yield support to incentivise private investment in student accommodation and proposes including AI/BIM specialists and sustainable building certifiers in talent schemes. The response also recommends streamlining approvals through centralised digital platforms, urban renewal policies with zoning flexibility for underutilised industrial land, and centralised procurement for modular construction components. The recommendations aim to address challenges from elevated interest rates and global trade volatility affecting Hong Kong's built environment sector.

APPG publishes report calling for infrastructure delivery reforms

The All-Party Parliamentary Group on Project Delivery (APPGPD) has published its first inquiry report, calling for a radical overhaul of the government’s approach to infrastructure delivery. The report warns that systemic failures in project management risk undermining the government’s infrastructure ambitions and urges ministers to embed delivery discipline across the machinery of government.

Battle of the forms—last shot displaced where parties intended different terms to prevail, statutory implied terms not excluded (Tullow Ghana v Vallourec Oil and Gas)

Construction analysis: The Commercial Court held that a contract was concluded on previously negotiated bespoke terms without incorporation of the defendant's standard conditions, and that statutory implied terms under sections 14(2), 14(2A) and 14(2B) of the Sale of Goods Act 1979 (SGA 1979) applied, demonstrating that in ‘battle of the forms’ disputes the ‘last shot’ doctrine may be displaced where evidence shows parties intended different terms to prevail. The court also clarified that the initial burden is on the claimant to establish on the balance of probabilities that its cause of action accrued within the statutory period, after which the burden shifts to the defendant to prove that the alleged accrual occurred earlier.

IStructE publishes guidance on NZCBS embodied carbon requirements

The Institution of Structural Engineers (IStructE) has sponsored and published a freely available guidance document designed to help building project teams assess and track embodied carbon in accordance with the UK Net Zero Carbon Buildings Standard (NZCBS). Developed by expert authors, the practical 'how-to' guide covers the Pilot rev2 version of the Standard and aims to support projects that are pursuing full verification or following best practice assessment and reporting procedures. The guide specifically focuses on the embodied carbon aspects of the Standard and presents its information in an accessible format, incorporating diagrams, clear explanations, valuable tips and tricks, and key considerations throughout.