Construction disputes

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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
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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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
A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an...
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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
This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT...
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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 looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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9th Nov
Practice notes
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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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
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

Practice notes
EPC (engineering, procurement and construction) contracts are frequently drafted to be turnkey agreements—the contractor builds the works and all the...
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Produced in partnership with Clyde & Co 26th Feb
Practice notes
Dispute boards were initially seen on US infrastructure projects, and were then adopted for use in FIDIC forms of contract and on projects funded by...
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Produced in partnership with Clyde & Co 26th Feb
Practice notes
The use of dispute boards can hold considerable benefits in certain circumstances or with certain contract types, but they are not a panacea for all...
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Produced in partnership with Clyde & Co 26th Feb
Practice notes
Deciding on the use of a dispute board as part of the dispute resolution procedure in a construction contract is only the first step. Once the concept...
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Produced in partnership with Clyde & Co 26th Feb
Practice notes
What kind of disputes arise in construction?The construction industry gives rise to a very wide range of disputes:•disputes over money, eg non-payment...
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Produced in partnership with Fladgate 26th Feb
Practice notes
This Practice Note looks at interim applications in cases proceeding in the Technology and Construction Court (TCC). It looks at specific provisions...
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24th Feb
Practice notes
This Practice Note looks at various preliminary case management issues affecting cases proceeding in the Technology and Construction Court (TCC) under...
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24th Feb
Q&As
Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...
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24th Feb
Q&As
We have assumed that the claim form is to be served in the jurisdiction ie England and Wales and that the defendant has solicitors acting for...
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24th Feb
Q&As
The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the...
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Produced in partnership with Christopher Adams of Partner  Gosschalks 24th Feb
Q&As
According to the Civil Procedure Rules and Practice Directions, it is not possible to issue a claim in the County Court by email. See CPR PD 5B, para...
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24th Feb
Q&As
CPR PD 51U indeed only makes provisions regarding photocopies at CPR PD 51U, para 13. This provision is silent on photocopying charges for inspection,...
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24th Feb
Q&As
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...
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24th Feb
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant’s solicitor][Address][insert date]Dear [insert contact name][PROSPECTIVE...
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23rd Feb
Q&As
The Administration of Justice Act 1920 (AJA 1920) makes provision for the registration and thereafter enforcement within the United Kingdom of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Feb
Practice notes
Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...
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22nd Feb
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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18th Feb

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