Pre-action conduct

View Construction by content type:

Latest Construction News

Featured Construction content

Practice notes
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Read More >
Produced in partnership with 4 Pump Court 19th May
Practice notes
Schedules of servicesThis Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s...
Read More >
19th May
Practice notes
Responsibility for Employer's RequirementsThis Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It...
Read More >
19th May
Practice notes
JCT Pre-Construction Services AgreementThe JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to...
Read More >
19th May
Practice notes
Step-in rights in a warranty'>collateral warrantyIt is standard practice in construction projects for the contractor, key sub-contractors and...
Read More >
19th May
Practice notes
Oversail licencesWhy have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space...
Read More >
19th May
Practice notes
Loss and expenseClaims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and...
Read More >
19th May
Practice notes
SBCC (Scottish Building Contract Committee) standard forms of contractThis Practice Note looks at the SBCC (Scottish Building Contract Committee)...
Read More >
Produced in partnership with MacRoberts LLP 19th May
Q&As
What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...
Read More >
19th May
Practice notes
NEC Professional Service ContractThe NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite...
Read More >
19th May
Practice notes
The Notice of AdjudicationProduced in association with 4 Pump CourtA Notice of Adjudication is the first step in commencing an adjudication. This...
Read More >
19th May
Practice notes
Negligence in constructionWhile tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not...
Read More >
19th May
Practice notes
'Pay when paid' and 'paid when certified' clausesThis Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction...
Read More >
Produced in partnership with Womble Bond Dickinson 19th May
Practice notes
FIDIC contracts—introduction to the Silver Book 2017In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This...
Read More >
Produced in partnership with Victoria Tyson of Corbett & Co 19th May
Practice notes
JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...
Read More >
19th May
Practice notes
Pricing structures in construction contractsThis Practice Note compares the pricing structures most commonly used in construction contracts. It...
Read More >
19th May

Most recent Pre-action conduct content

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...
Read More >
1st Aug
Q&As
If a party is silent in response to points made in a letter of claim will those points be deemed to be accepted?The obligations of parties pre-action...
Read More >
31st Jul
Q&As
Does the pre-action-protocol'>Construction Pre-Action Protocol apply to a low value dispute between a homeowner and builder? Does it make a difference...
Read More >
Produced in partnership with Ryan Turner of Lamb Chambers 31st Jul
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...
Read More >
31st Jul
Q&As
If parties have started (but not completed) the pre-action process under the first edition of the Pre-Action Protocol for Construction and Engineering...
Read More >
31st Jul
Q&As
Can you draft a single letter of claim addressed to multiple prospective defendants? Does it matter if the prospective defendants have different legal...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
Do you include the VAT element in a debt claim when issuing the letter of claim and claim form?This Q&A considers the scenario where A has a claim...
Read More >
31st Jul
Practice notes
Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses....
Read More >
30th Jul
Practice notes
Key considerations at the pre-action stage of a construction disputeThe purpose of this Practice Note is to set out the steps which should be taken in...
Read More >
Produced in partnership with Abdul Jinadu of Keating Chambers 30th Jul
Practice notes
pre-action-protocol'>Construction Pre-Action Protocol—Protocol Referee ProcedureThe second edition of the Pre-Action Protocol for Construction and...
Read More >
30th Jul
Precedents
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Read More >
30th Jul
Practice notes
pre-action-protocol'>Construction Pre-Action Protocol—comparison of editions [Archived]ARCHIVED: This archived Practice Note provides a comparison...
Read More >
30th Jul
Precedents
pre-action-protocol'>Construction Pre-Action Protocol letter of claim—variation dispute[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of...
Read More >
30th Jul
Precedents
Defendant’s acknowledgement of letter of claim under pre-action-protocol'>Construction Pre-Action Protocol[ON YOUR LETTERHEAD][Name and address of...
Read More >
30th Jul
Practice notes
pre-action-protocol'>Construction Pre-Action Protocol—application, exclusions and objectivesThis Practice Note provides guidance on when the...
Read More >
30th Jul
Practice notes
pre-action-protocol'>Construction Pre-Action Protocol—letters of claim, response and meetingsThis Practice Note considers the requirements of the...
Read More >
30th Jul
Practice notes
pre-action-protocol'>Construction Pre-Action Protocol—compliance issues and sanctionsThis Practice Note considers the basis of the requirement to...
Read More >
30th Jul
Precedents
pre-action-protocol'>Construction Pre-Action Protocol letter of claim—professional negligence claim against architect or engineer[ON THE HEADED...
Read More >
30th Jul

Popular documents