Construction disputes

View Construction by content type:

Practice notes

Precedents

Q&As

News

Latest Construction News

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

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...

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...

The prevention principle

This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...

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...

Practice notes

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...

Produced in partnership with 4 Pump Court 12th Jan

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

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

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

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

'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

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

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

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

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

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

Most recent Construction disputes content

Precedents

Particulars of claim for enforcement of adjudication decision

For the urgent attention of a tcc judgePaper without notice application Adjudication enforcement claim and application Claim No. [insert claim...

14th Feb

Q&As

Is it a breach of the Legal Services Act 2007 for an individual who is not authorised to conduct litigation to complete certain tasks? Can the costs incurred by the unauthorised individual be recovered by the litigant in person? Does legal professional privilege apply as between a litigant in person and the unauthorised individual?

The potential breach of the Legal Services Act 2007 (LSA 2007)The ‘conduct of litigation’ is a reserved legal activity for the purposes of the Legal...

Produced in partnership with Alex Bagnall of Total Legal Solutions 13th Feb

Q&As

What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?

This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in...

13th Feb

Q&As

I understand that the UK and the EU Commission have taken conflicting stances to the application of the Hague Convention on Choice of Court Agreements after 31 December 2020 to the UK. What impact is this likely to have in UK proceedings?

For the purposes of this Q&A we have assumed that the UK does not accede to the Lugano Convention. If the UK does become party to the Lugano...

13th Feb

Brexit

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

13th Feb

Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

13th Feb

Practice notes

Settling disputes—what, when and why settle?

Brexit: The UK's departure from the EU has implications for practitioners when dealing with cross border mediations. For guidance, see Practice Note:...

Produced in partnership with Helen Swaffield of Contract Law Chambers 13th Feb

Practice notes

Comparison of forms of ADR and litigation

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...

13th Feb

Q&As

When dealing with costs in a consent order does the order have to stipulate who the paying party will be?

This Q&A assumes that none of the parties are a litigant in person, child or patient.An order for costs is a judgment like any other. It therefore...

Produced in partnership with Alex Bagnall of Total Legal Solutions 12th Feb

Q&As

Does a defendant have to address every fact set out in a letter before action / claim, even if not relevant to the claimant's legal case?

The Pre-Action Protocols (Protocols) and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct...

12th Feb

Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb

Precedents

Pre-trial review questionnaire (TCC Court Guide, Appendix C)

Precedent Pre-trial review questionnaire (TCC Court Guide, Appendix C) is the court form

11th Feb

Q&As

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U sets out the new Disclosure Pilot that applies to certain claims issued in the Business and Property Courts of England and Wales.At CPR PD...

11th Feb

Q&As

If a claimant accepts a defendant Part 36 offer pre-action but the parties fail to agree costs, what does the claimant need to do seek recovery of its costs?

The Part 36 regime is a self-contained code which allows parties to make offers of settlement that are without prejudice save as to costs. Such offers...

Produced in partnership with Ryan Turner of Lamb Chambers 11th Feb

Precedents

Case Management Directions Form (TCC Court Guide, Appendix B)

Action no HT-................................ [Insert name of judge in title of order][Delete or amend the following directions, as appropriate to the...

11th Feb

Precedents

Draft Court Settlement Order (TCC Court Guide, Appendix G)

1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...

11th Feb

Q&As

In a costs budget, how should I deal with costs that have already been summarily assessed?

This Q&A considers how are costs that have already been summarily assessed to be dealt with. Should they be excluded on the basis that a costs order...

Produced in partnership with James Tunley of Lamb Chambers 11th Feb

Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

General guidance regarding the implications of coronavirus (COVID-19) on dispute resolution can be found in Practice Note: Coronavirus (COVID-19)...

Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 11th Feb

COVID-19

Q&As

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?

At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...

Produced in partnership with James Tunley of Lamb Chambers 11th Feb

COVID-19