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Construction weekly highlights—4 March 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—4 March 2021

High Court considers wasted costs and damages arising from the termination of an agreement for IT system (CIS General Insurance v IBM UK)

The following Commercial news provides comprehensive and up to date legal information on High Court considers wasted costs and damages arising from the termination of an agreement for IT system (CIS General Insurance v IBM UK)

Construction weekly highlights—25 February 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—25 February 2021

TCC enforces adjudicator’s decision despite exclusive jurisdiction clause in favour of foreign court (Motacus v Paolo Castelli)

The following Construction news provides comprehensive and up to date legal information on TCC enforces adjudicator’s decision despite exclusive jurisdiction clause in favour of foreign court (Motacus v Paolo Castelli)

Featured Construction content

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....

FIDIC contracts—introduction to the Silver Book 2017

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...

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

Target cost contracts on construction projects

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’...

9th Nov

Practice notes

Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...

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

Letters of intent—construction

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...

9th Nov

Practice notes

Negligence in construction

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...

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

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

Interim payments in construction contracts

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...

9th Nov

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

Scott Schedules in construction disputes

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...

Produced in partnership with James Bowling of 4 Pump Court 12th Jan

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 Construction disputes content

Q&As

Precedent T does not make provision for incurred costs when dealing with expert fees. How should I deal with them when making an application to revise my client’s costs budget?

To date, we have yet to receive a response from the CPR Committee (CPRC) to our request for clarification as to the approach that should be taken in...

28th Nov

Q&As

Where proceedings have started and a defendant is making a Part 36 offer, is it advisable/acceptable for the offer to be used in conjunction with a settlement agreement? Where there is anticipation that the claimant may issue a further claim that is related to the first, is it acceptable to use a Part 36 offer to offer to settle at a figure that is well in excess of the sum claimed in the first claim in order to settle any potential further claims?

Is it possible to combine a Part 36 offer with a settlement agreement?As seen in Q&A: Can a part 36 offer state that parties are to enter into a...

28th Nov

Q&As

Where there is good reason to believe that the extent of the searches undertaken are insufficient and inadequately wide enough for the purposes of disclosure and the parties involved, can the claimant ask specific questions of the defendant as to the searches they have undertaken even where that is referenced in their completed List of Documents? To what extent can the disclosure of emails and documents for the purposes of standard disclosure pursuant to CPR 31 be reasonably requested? Are there any other compelling reasons and/or circumstances that the court will have due regard to when considering an application for specific disclosure?

Duties of the partiesDisclosure is the process by which parties offer up documents in their control that are material to the issues in dispute. For a...

28th Nov

Q&As

What guidance do you have on standard disclosure including what searches should be done and how the standard disclosure list in Form N265 should be prepared?

For guidance on how the standard disclosure list in Form N265 should be prepared, see Precedent: List of documents—standard discl...

28th Nov

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 against B which is a debt claim for the payment for good/services supplied by A to B and where...

28th Nov

Q&As

The other side want us to agree an increase to their costs budget for their incurred costs. What is the correct approach given we think these are disproportionate?

The starting point is that it is important to be aware that should the other side ultimately ‘win’ in the proceedings, its recoverable costs would be...

28th Nov

Q&As

Where an expert has prepared an expert report for one party (A) (which has not been disclosed and where A will be taking no further part in the proceedings)(1) Can that expert subsequently act for another (opposing) party (B) in the same proceedings, and (2) Can B and/or the expert be compelled to disclose the expert report prepared for A?

We assume you are referring to (i) a draft expert report which has not been disclosed by a party who themselves have now withdrawn from the...

28th Nov

Q&As

What is the procedure for filing a Tomlin order?

For the purpose of this Q&A we have assumed that the agreed Tomlin order will settle the litigation between the parties in its entirety.Legally...

28th Nov

Q&As

Who pays an expert’s fees for answering questions put to them under CPR 35.6?

As set out in the Practice Note: Expert reports, the expert's instructing party must pay the expert's fees in answering questions put under CPR 35.6,...

28th Nov

Q&As

Once a form N268 is completed in accordance with the deadlines set under CPR 32.19, what is the procedure followed in order to prove the document at trial?

Service of notice to proveA party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless you serve a notice (form...

28th Nov

Q&As

Is there any authority for a party suffering costs sanctions where they have mediated, but made no reasonable offer on a WPSATC?

While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS...

28th Nov

Q&As

What should a defendant do where a claimant has (1) failed to comply with the relevant pre action protocol and (2) failed to provide the 'new' statement of truth in its particulars of claim? How should this be approached when pleading the defence and what would be an appropriate sanction to request in respect of the above?

Failure to comply with a pre-action protocolThe obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and...

28th Nov

Q&As

An accommodation expert has had sight of other expert reports after his or her expert report has been disclosed. What impact does this have on the subsequent preparation of a joint statement? Is the expert permitted to make reference and/or rely on the other expert reports when giving evidence in court?

CPR 35.7–CPR 35.8 and CPR PD 35 deal with the instruction and use of experts by the parties and the powers of the court to order their use.Expert...

28th Nov

Precedents

Case Management information Sheet (TCC Court Guide, Appendix A)

Instructions—this Precedent is the court form itself. This can be do

28th Nov

Precedents

Draft ADR order (TCC Court Guide, Appendix E)

1By [date/time] the parties shall exchange lists of three neutral individuals who have indicated their availability to conduct a mediation or ENE or...

28th Nov

Precedents

Letter of instruction to single joint expert (with drafting notes)

Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...

28th Nov

Precedents

Letter to client about experts

Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...

28th Nov

Precedents