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Practice notes
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
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
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
Practice notes
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
Practice notes
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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9th Nov
Practice notes
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
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT...
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9th Nov
Practice notes
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
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
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
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
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
Practice notes
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
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
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...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

Most recent Clause bank for construction lawyers content

Practice notes
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 24th Feb
Q&As
A partner’s authority to act on behalf of a partnership is based on agency. Each partner is an agent of the partnership and the other partners for the...
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15th Feb
Q&As
Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly...
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15th Feb
Q&As
An indemnity is an agreement by one party to bear the cost of certain losses or liabilities incurred by or claims brought against another party in...
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15th Feb
Q&As
What is boilerplate?Boilerplate clauses deal with the mechanics of how the agreement works. As a boilerplate clause will deal with issues such as the...
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15th Feb
Q&As
In approaching this, the steps to consider are as follows:•are the affiliates made party to the agreement by incorporating them in the definition?•if...
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15th Feb
Q&As
Set-off is the discharge of reciprocal monetary obligations where one monetary amount is discharged to the extent of the other monetary amount. There...
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15th Feb
Q&As
The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an...
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15th Feb
Q&As
We have assumed that service is pursuant to a notice clause in a commercial contract.Contractual definitionWhere a contract defines what a ‘by hand’...
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15th Feb
Q&As
Contractual clauses—terminationA contractual termination clause provides either or both parties with the right to terminate a contract under a defined...
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15th Feb
Precedents
1Terms of settlementThe parties agree as follows:1.1This Settlement Agreement is in full and final settlement of the Dispute[ and any causes of action...
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14th Feb
Precedents
1DefinitionsModern Slavery Policy•means the Employer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...
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14th Feb
Q&As
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 means copyright, rights related to copyright such as moral rights and performers rights, patents,...
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8th Jan
Q&As
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
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
Precedents
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
Precedents
1Save in relation to any liability relating to death or personal injury, each party indemnifies, and shall keep indemnified, the other party against...
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6th Dec
Precedents
Contractor’s programme1Within seven days of the date of this Contract the Contractor shall without charge produce to the Employer a programme for...
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6th Dec
Precedents
BACKGROUND:(A)The parties entered into a construction contract dated [insert date] for the [insert description of works/project, eg ‘design and...
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6th Dec

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