ADR/settlement for construction lawyers

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Practice notes
This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...
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Produced in partnership with Tim James Seal 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 9th Nov
Practice notes
What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...
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9th Nov
Practice notes
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
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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9th Nov
Practice notes
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
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
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 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
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 9th Nov
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 9th Nov
Practice notes
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
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 9th Nov
Practice notes
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
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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9th Nov

Most recent ADR/settlement for construction lawyers content

Precedents
[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 1st Dec
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 1st Dec
Q&As
This Q&A states the position as at 6 June 2019.Defective Part 36 offersCPR 36 is a ‘self-contained procedural code’. An offer made in accordance with...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 28th Nov
Q&As
The Part 36 regime is a self-contained code which allows parties to make offers of settlement that are without prejudice save as to costs. Such offers...
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Produced in partnership with Ryan Turner of Lamb Chambers 28th Nov
Q&As
This Q&A assumes that termination refers to settlement in the context of proceedings that have already been issued and in particular when those...
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28th Nov
Q&As
While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS...
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28th Nov
Precedents
1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...
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28th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border...
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Produced in partnership with Helen Swaffield of Contract Law Chambers 20th Nov
Practice notes
This Practice Note identifies the different forms which an offer to settle a dispute may take, from open offer letters and Calderbank (without...
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18th Nov
Practice notes
This Practice Note considers the key issues when drafting a settlement agreement, including correct identification of the parties (including any...
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16th Nov
Q&As
Case Study: A builder (A) quoted a price to carry out works at B’s property, which was accepted by B. There was no reference in the quotation, or...
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28th Sep
Q&As
This Q&A focuses on whether a dispute resolution clause is binding between the parties in the event of a breach of contract leading to...
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28th Sep
Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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26th Sep
Practice notes
What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...
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26th Sep
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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26th Sep

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