Key features of construction disputes

Key features of construction disputes guidance:

This article appears as originally published in Construction Law on 1 August 2016 and is not maintained. Multi-tiered dispute resolution clauses can save parties time and...

Practice Note

Produced in association with 4 Pump Court Parties to a 'construction contract' have the right to refer any dispute that has crystallised to adjudication at any time. For...

Practice Note

[ON YOUR LETTERHEAD] Without prejudice save as to costs [Name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] 1 We refer to...

Precedents

This Practice Note looks at claims made against professional consultants (also known as construction professionals) on construction projects and issues that typically...

Practice Note

The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note...

Practice Note

This Practice Note provides an introductory guide to construction disputes, aimed at trainee solicitors and others who are new to construction disputes. It looks at the...

Practice Note

Defects are a common issue on construction projects. Minor defects or patent defects (ie those which are apparent upon inspection) can often be dealt with during the...

Practice Note

EPC (engineering, procurement and construction) contracts are frequently drafted to be turnkey agreements—the contractor builds the works and all the employer has to do...

Practice Note

This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be pleaded, see Practice...

Practice Note

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 affairs, A is prevented...

Practice Note

The FIDIC contracts contain a 'multi-tiered' dispute resolution procedure that escalates from adjudication of the dispute by a dispute adjudication board (DAB) to...

Practice Note

This Practice Note considers the dispute resolution procedure in the FIDIC Red, Yellow and Silver Books 2017. These contracts, like the previous (1999) editions and the...

Practice Note

There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. Adjudication clauses...

Practice Note

This Practice Note looks at the dispute resolution provisions in JCT contracts, of which most make provision for mediation, adjudication and litigation or arbitration, as...

Practice Note

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. While the steps...

Practice Note

This Practice Note considers the dispute resolution procedure under the NEC3 and NEC4 contracts, including discussions between Senior Representatives, adjudication,...

Practice Note

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 to advance a claim in...

Practice Note

[IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]] [Specify division] [Specify specialist court] [Insert...

Precedents

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 formulating the quantum...

Practice Note

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, such as in defects...

Practice Note

Produced in partnership with 4 Pump Court No.Terms of contract relied onDamages claimed and basis of claim Defendant’s responseJudge’s comments 1Prolongation costs...

Precedents

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 in a single...

Practice Note

This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert...

Precedents

This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert...

Precedents

This Settlement Agreement (the 'Agreement') is made the [insert date] day of [insert month] [insert year] Parties 1 [insert name of party] a company incorporated in...

Precedents
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