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CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Construction weekly highlights—6 May 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—6 May 2021

Construction weekly highlights—29 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—29 April 2021

Featured Construction content

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...

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...

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...

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...

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...

9th Nov

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

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

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...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

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

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...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

NEC and JCT contracts compared

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...

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...

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

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

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

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

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...

9th Nov

Practice notes

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,...

9th Nov

Practice notes

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Most recent Clause bank for construction lawyers content

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)...

Produced in partnership with Joanne Kane of Carmelite Chambers 24th Feb

Q&As

What evidence should be sought to ascertain the status and authority of the person signing a deed as a partner on behalf of a general partnership?

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...

15th Feb

Q&As

If an individual signs a deed when not a director of a limited company, and then subsequently becomes a director of that company, does the initial signature bind the company to the deed? If not, how should the deed be reaffirmed?

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...

15th Feb

Q&As

In an indemnity, what is the effect of ‘keep indemnified’ and ‘on a continuing basis’?

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...

15th Feb

Q&As

Is it permissible to use a boilerplate force majeure clause in a business-to-consumer contract whereby the supplier of services accepts no liability for a force majeure event and therefore does not provide a refund?

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...

15th Feb

Q&As

To what extent can a group company bind its affiliates by including them in the party definition?

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...

15th Feb

Q&As

What function does an anti-set-off clause serve? Will an anti-set-off clause survive repudiation of the contract?

Set-off is the discharge of reciprocal monetary obligations where one monetary amount is discharged to the extent of the other monetary amount. There...

15th Feb

Q&As

Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after the deed has been delivered and therefore completed?

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...

15th Feb

Q&As

Does service by courier satisfy a ‘by hand’ method of service under a notice clause?

We have assumed that service is pursuant to a notice clause in a commercial contract.Contractual definitionWhere a contract defines what a ‘by hand’...

15th Feb

Q&As

Are remedies and termination clauses separate rights under a contract?

Contractual clauses—terminationA contractual termination clause provides either or both parties with the right to terminate a contract under a defined...

15th Feb

Precedents

Terms of settlement clause (construction settlement agreement)

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...

14th Feb

Precedents

Modern slavery: contract clauses for construction contracts

1DefinitionsModern Slavery Policy•means the Employer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the...

14th Feb

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...

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,...

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...

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...

24th 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...

6th Dec

Precedents

Indemnity clause (construction settlement agreement)

1Save in relation to any liability relating to death or personal injury, each party indemnifies, and shall keep indemnified, the other party against...

6th Dec

Precedents