ADR/settlement for construction lawyers

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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 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
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
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
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
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
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
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
Practice notes
This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...
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9th Nov
Practice notes
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....
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9th Nov
Practice notes
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...
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9th Nov

Most recent ADR/settlement for construction lawyers content

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 30th Mar
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 30th Mar
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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10th Mar
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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15th Feb
Precedents
This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the...
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14th 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
[ON YOUR LETTERHEAD]Without prejudice save as to costs[Name and address of other party’s solicitor]Dear [insert contact name][Insert subject of...
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14th Feb
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 11th Feb
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 11th Feb
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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11th Feb
Precedents
This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the...
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3rd Feb
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
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
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
Expert determination 1 Any dispute arising out of or in connection with this [Agreement...
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26th Sep
Precedents
Adjudication 1 Any dispute or difference arising under or in connection with this [agreement OR Contract] may be referred to...
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26th Sep

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