Pre-action conduct

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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
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
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 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
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
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
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 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

Most recent Pre-action conduct content

Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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2nd Dec
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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2nd Dec
Q&As
The obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) and the...
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28th Nov
Q&As
The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017.The Debt Protocol is not a general protocol which...
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Produced in partnership with Julia Dias QC of 7KBW 28th Nov
Q&As
This Q&A considers the scenario where A has a claim against B which is a debt claim for the payment for good/services supplied by A to B and where...
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28th Nov
Q&As
The Pre-Action Protocols (Protocols) and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct...
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28th Nov
Q&As
A letter of claim is a prerequisite to the issue of proceedings under the Practice Direction Pre-Action Conduct and Protocols (the Practice...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 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
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering cross border issues...
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18th Nov
Practice notes
This Practice Note provides guidance on when the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) applies, as well as the...
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19th Oct
Practice notes
ARCHIVED: This archived Practice Note provides a comparison between the first and second editions of the Protocol. The second edition came into force...
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6th Oct
Practice notes
ARCHIVED: This Practice Note provides a history of the background to the second edition of the Pre-Action Protocol for Construction and Engineering...
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6th Oct
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
As set out in paragraph 1 of the Practice Direction Pre-Action Conduct and Protocols, the purpose of the Protocols regime under the Civil Procedure...
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Produced in partnership with Ryan Turner of Lamb Chambers 28th Sep
Practice notes
This Practice Note considers the requirements of the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the...
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26th Sep
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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26th Sep
Precedents
[ON YOUR LETTERHEAD][Name and address of claimant’s solicitor]Dear [Insert contact name][Insert subject of letter][We act for [client]. We have been...
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26th Sep
Precedents
[ON YOUR LETTERHEAD][Name and address of claimant’s solicitor]Dear [insert contact name][Insert subject of letter]We write further to your client’s...
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26th Sep

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