Key features of construction disputes

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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
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
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 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
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 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 provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...
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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
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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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 12th Jan
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
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 Key features of construction disputes content

Practice notes
This Practice Note considers the dispute resolution procedure under the NEC3 and NEC4 contracts, including discussions between Senior Representatives,...
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8th Apr
Practice notes
The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties....
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8th Apr
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 8th Apr
Practice notes
The Private Finance Initiative (PFI) is a public private partnership model that was introduced in 1992, and was then succeeded by ‘PF2’ in 2012. See...
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8th Apr
Practice notes
The FIDIC contracts contain a 'multi-tiered' dispute resolution procedure that escalates from adjudication of the dispute by a dispute adjudication...
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8th Apr
Practice notes
This article appears as originally published in Construction Law on 1 August 2016 and is not maintained.Multi-tiered dispute resolution clauses can...
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8th Apr
Practice notes
This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is...
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8th Apr
Practice notes
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be...
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8th Apr
Practice notes
This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes,...
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8th Apr
Practice notes
What is estoppel?The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of...
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8th Apr
Practice notes
This Practice Note considers the dispute resolution procedure in the FIDIC Red, Yellow and Silver Books 2017. These contracts, like the previous...
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8th Apr
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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8th Apr
Practice notes
The purpose of this Practice Note is to set out the steps which should be taken in the pre-action phase in order to maximise prospects of success....
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Produced in partnership with Abdul Jinadu of Keating Chambers 8th Apr
Practice notes
This Practice Note provides an introductory guide to construction disputes, aimed at trainee solicitors and others who are new to construction...
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8th Apr
Practice notes
The role of documentary evidenceIn any civil dispute, contemporary evidence will be at the foundation of a party’s case. Documents will, in most...
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8th Apr
Practice notes
This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 8th Apr
Practice notes
This Practice Note looks at the dispute resolution provisions in JCT contracts, of which most make provision for mediation, adjudication and...
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8th Apr
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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6th Apr
Practice notes
This Practice Note looks at claims made against professional consultants (also known as construction professionals) on construction projects and...
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6th Apr

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