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Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
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
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...
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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
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
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...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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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 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
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 12th Jan
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
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Construction disputes content

Q&As
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...
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28th Nov
Q&As
For guidance on how the standard disclosure list in Form N265 should be prepared, see Precedent: List of documents—standard discl...
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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 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...
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28th Nov
Q&As
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...
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28th Nov
Q&As
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,...
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28th Nov
Q&As
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...
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28th Nov
Q&As
While the court cannot force parties to settle their differences outside the courtroom, the Court of Appeal in Halsey v Milton Keynes General NHS...
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28th Nov
Precedents

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

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28th Nov
Precedents
1By [date/time] the parties shall exchange lists of three neutral individuals who have indicated their availability to conduct a mediation or ENE or...
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28th Nov
Precedents
Private & confidential[insert name and address of expert][insert date]Dear [insert name of expert][insert case heading]Instruction to act as single...
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28th Nov
Precedents
Private & confidential[insert name and address of client][insert date]Dear [insert name of client][insert case heading]As we have already discussed,...
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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
Q&As
Clare Ambrose, Twenty EssexThis is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration...
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25th Nov
Q&As
See the model electronic bill of costs, Precedent S and specifically sheet 15, entitled ‘ReferenceTable—Phase Task’ which essentially answers this...
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28th Sep

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