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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
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 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
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
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
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
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
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
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 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
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
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
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
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
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Experts in construction disputes content

Q&As
It is easy to see why this question has arisen, not least because an expert’s fees and expenses for producing a CPR-compliant expert report may be...
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Produced in partnership with Daniel Gill of Clarke Willmott LLP 28th Nov
Q&As
Experts and those instructing them are expected to have regard to:•all relevant CPR Rules and Practice Directions, and•the Guidance for the...
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28th Nov
Q&As
In English law, special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients....
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28th Nov
Q&As
The question does not specify whether the expert report has been disclosed. As a general rule, expert evidence will not be disclosable regardless of...
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28th Nov
Q&As
A non-party to litigation can, under CPR 5.4C, if the court gives permission, obtain from the records of the court a copy of a document filed by a...
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28th Nov
Q&As
There is no general rule that all expert evidence is disclosable regardless of privilege (see Practice Note: Expert reports, in particular the section...
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28th Nov
Q&As
There are a number of options open to the parties and these were considered by the Court of Appeal in Faunch, a decision reached since the...
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28th Nov
Q&As
For comprehensive guidance on choosing an expert, see Practice Notes:•Choosing an expert•Expert evidence—general considerationsIn addition, see...
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28th Nov
Q&As
The application of the Civil Procedure Rules 1998 (CPR) generally applies equally to a ‘litigant in person’. In Re A, it was noted that ‘it is the...
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28th Nov
Q&As
In Carlson v Townsend, the Court of Appeal held that it was not the intention or purpose of the pre-action protocols to override the privilege...
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Produced in partnership with Jamie Gamble of No5 Barristers Chambers 28th Nov
Q&As
As set out in the Practice Note: Expert reports, the expert's instructing party must pay the expert's fees in answering questions put under CPR 35.6,...
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28th Nov
Q&As
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...
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Produced in partnership with James Tunley of Lamb Chambers 28th Nov
Q&As
An expert report must state the substance of all material instructions, whether they are written or oral; see Practice Note: Expert reports.A party’s...
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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings 28th Nov
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...
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28th Nov
Precedents
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...
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28th Nov
Practice notes
This Practice Note considers the importance of experts’ testimony and credibility at trial and, accordingly, the weight that may be given to expert...
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26th Nov

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