Key features of construction disputes

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Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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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
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
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
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
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 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
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 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
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
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

Q&As
Practice Note: Restitution for unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 28th Nov
Q&As
Will the court admit non-original documents as evidence in litigation?The court has a general power to control evidence by making directions as to the...
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28th Nov
Precedents
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
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28th Nov
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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24th Nov
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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2nd Nov
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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27th Oct
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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27th Oct
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
STOP PRESS: this Q&A is based on the first edition of the pre-action protocol (in force until 8 November 2016). For a comparison of the two editions...
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28th Sep
Q&As
There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to...
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28th Sep
Q&As
The Conflict Avoidance Pledge is a voluntary and non-binding pledge, which seeks to reduce the number of disputes in the construction and engineering...
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28th Sep
Q&As
When determining what damages an employer may claim, it is necessary to consider general principles regarding damages. As set out in Practice Note:...
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28th Sep
Q&As
This Q&A considers cases on the liability of a party appointed by the employer to review and approve a design developed by a contractor in a design...
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Produced in partnership with Abdul Jinadu of Keating Chambers 28th Sep
Q&As
The court’s permission must be sought in order to provide oral evidence or submit a written report (CPR 35.4). Permission to adduce expert evidence is...
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28th Sep
Q&As
The statutory basis of pay less notices is to be found in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), as amended by the...
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Produced in partnership with Abdul Jinadu of Keating Chambers 28th Sep
Q&As
In Imperial Smelting Corporation Ltd v Joseph Constantine Steamship Line Ltd; The Kingswood, the court considered various cases regarding the burden...
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28th Sep
Q&As
Clause 2.27.1 of the JCT Standard Building Contract 2011 (SBC) provides: 'If and whenever it becomes reasonably apparent that the progress of the...
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28th Sep

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