This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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...
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...
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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...
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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...
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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...
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...
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...
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,...
1By [date/time] the parties shall exchange lists of three neutral individuals who have indicated their availability to conduct a mediation or ENE or...
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...