Pre-action conduct

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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

Featured Construction content

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

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

9th Nov

Practice notes

Loss and expense

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...

9th Nov

In-house

Practice notes

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

9th Nov

Practice notes

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

9th Nov

Practice notes

Sectional completion

What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...

9th Nov

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

9th Nov

Practice notes

Benefits and risks of adjudication

Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...

9th Nov

Practice notes

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

9th Nov

Practice notes

Parties in a construction project

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

9th Nov

Most recent Pre-action conduct content

Practice notes

Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses

Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...

12th Apr

Practice notes

Construction Pre-Action Protocol—Protocol Referee Procedure

The second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) provides for a procedure whereby the parties...

8th Apr

Practice notes

Construction Pre-Action Protocol—compliance issues and sanctions

This Practice Note considers the basis of the requirement to comply with the Pre-Action Protocol for Construction and Engineering Disputes (the...

8th Apr

Practice notes

Construction Pre-Action Protocol—application, exclusions and objectives

This Practice Note provides guidance on when the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) applies, as well as the...

8th Apr

Practice notes

Construction Pre-Action Protocol—letters of claim, response and meetings

This Practice Note considers the requirements of the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the...

8th Apr

Practice notes

Construction Pre-Action Protocol—background to the second edition [Archived]

ARCHIVED: This Practice Note provides a history of the background to the second edition of the Pre-Action Protocol for Construction and Engineering...

8th Apr

Practice notes

Key considerations at the pre-action stage of a construction dispute

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....

Produced in partnership with Abdul Jinadu of Keating Chambers 8th Apr

Precedents

Precedent instructions or brief to counsel

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

31st Mar

Precedents

Construction Pre-Action Protocol letter of claim—variation dispute

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...

12th Mar

Precedents

Construction Pre-Action Protocol letter of claim—defects

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...

12th Mar

Precedents

Construction Pre-action Protocol letter of claim

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...

12th Mar

Precedents

Construction Pre-Action Protocol letter of claim—professional negligence claim against architect or engineer

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant’s solicitor][Address][insert date]Dear [insert contact name][PROSPECTIVE...

10th Mar

Practice notes

Construction Pre-Action Protocol—comparison of editions [Archived]

ARCHIVED: This archived Practice Note provides a comparison between the first and second editions of the Protocol. The second edition came into force...

10th Mar

Q&As

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct...

4th Mar

Q&As

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

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...

24th Feb

Q&As

Does the Construction Pre-Action Protocol apply to a low value dispute between a homeowner and builder? Does it make a difference if the homeowner is the potential claimant?

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...

Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb

Q&As