Construction disputes

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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)

Construction weekly highlights—18 February 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—18 February 2021

No new claims to be pleaded in a reply (Martlet Homes Ltd v Mulalley & Co Ltd)

The following Construction news provides comprehensive and up to date legal information on No new claims to be pleaded in a reply (Martlet Homes Ltd v Mulalley & Co Ltd)

Featured Construction content

Escrow accounts and escrow agreements

This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...

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....

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

Practice notes

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

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

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

Schedules of services

This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...

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

NEC and JCT contracts compared

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...

9th Nov

Practice notes

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

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

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

Practice notes

JCT Pre-Construction Services Agreement

The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...

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

Design liability in construction contracts

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...

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

Most recent Construction disputes content

Q&As

A notice of adjudication and referral notice have been served by post at the address for the responding party stated in the contract, however, it transpires that the responding party no longer occupies that address and the documents have been returned to the sender. The address given in the contract is different to the responding party's registered office address. The contract is silent on whether documents can be served via email. How can the referring party ensure valid service?

Effective service of the referral notice and other documents is essential for any party wishing to pursue adjudication as a means to resolve a...

Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb

Q&As

What is the limitation period for an adjudication decision? Does issuing proceedings to implement a decision count as 'issuing proceedings' and thus the limitation period is stopped?

There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to...

15th Feb

Q&As

Does section A21 of the Insolvency Act 1986, which places restrictions on the legal and enforcement proceedings that may be commenced against a company subject to the new ‘moratorium’, prevent a party to a construction contract commencing or enforcing adjudication against a counterparty that is subject to the moratorium?

Section 1 of the Corporate Insolvency and Governance Act 2020 (CIGA 2020) introduces a new Part A1 to the Insolvency Act 1986 (IA 1986), which enables...

15th Feb

Q&As

Can a party to a construction contract unilaterally decide to bring court proceedings without first having referred the dispute to adjudication if there is an adjudication provision in the contract?

The answer depends entirely on the provisions of the contract. The starting point is that if the contract is a construction contract within the terms...

Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 15th Feb

Q&As

Which dispute resolution method should I use?

Case Study: A builder (A) quoted a price to carry out works at B’s property, which was accepted by B. There was no reference in the quotation, or...

15th Feb

Q&As

Is there any authority which indicates whether it is reasonable to refuse ADR/meditation in circumstances where—i) the defendant claims the claim is time-barred and ii) a preaction meeting/negotiation has already taken place (in compliance with the Construction and Engineering Protocol)?

When considering whether it may be reasonable to refuse ADR or mediation, it is important to consider the factors that the courts will take into...

15th Feb

Q&As

Can a multi-tier dispute resolution (DR) clause provide for mediation between the parties in one location followed by in the absence of settlement of the dispute and arbitration in another location? Can a DR clause provide for arbitration and court litigation?

Multi-tier dispute resolution clausesContractual parties are free to agree, subject to relevant law governing validity/enforceability, that relevant...

15th Feb

Q&As

Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?

In CPR 7 claims, there will ordinarily be costs budgets, which will stand as the estimate of costs. Cases where an estimate of costs will be relevant...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb

Precedents

Letter of instruction for expert in construction dispute

[ON HEADED LETTER PAPER][Insert name and address of expert][Date]Dear [insert name][Insert names of parties and project, or any relevant...

14th Feb

Precedents

Settlement agreement for construction dispute (short form)

This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the...

14th Feb

Precedents

Scott Schedule—damages

No.Terms of contract relied onDamages claimed and basis of claim Defendant’s responseJudge’s comments1Prolongation costs arising out of Variation...

Produced in partnership with 4 Pump Court 14th Feb

Precedents

Terms of settlement clause (construction settlement agreement)

1Terms of settlementThe parties agree as follows:1.1This Settlement Agreement is in full and final settlement of the Dispute[ and any causes of action...

14th Feb

Precedents

Draft directions order in adjudication enforcement proceedings (Appendix F)

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]]Technology...

14th Feb

Precedents

Calderbank/settlement offer for a construction dispute

[ON YOUR LETTERHEAD]Without prejudice save as to costs[Name and address of other party’s solicitor]Dear [insert contact name][Insert subject of...

14th Feb

Precedents

Adjudication enforcement—order for summary judgment

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR Technology...

14th Feb

Precedents

Notice of Adjudication

IN THE MATTER OF THE HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996AND IN THE MATTER OF AN ADJUDICATION[And pursuant to the [insert [‘Scheme...

14th Feb

Precedents