Construction disputes

View Construction by content type:

Latest Construction News

Featured Construction content

Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
Read More >
Produced in partnership with 4 Pump Court 12th Jan
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
Practice notes
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
Read More >
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...
Read More >
9th Nov
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
Read More >
Produced in partnership with Womble Bond Dickinson 12th Jan
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...
Read More >
9th Nov
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with James Bowling of 4 Pump Court 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
Read More >
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...
Read More >
9th Nov

Most recent Construction disputes content

Precedents
For the urgent attention of a tcc judgePaper without notice application Adjudication enforcement claim and application Claim No. [insert claim...
Read More >
14th Feb
Q&As
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...
Read More >
13th Feb
Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
Read More >
13th Feb
Practice notes
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...
Read More >
13th Feb
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners when dealing with cross border mediations. For guidance, see Practice Note:...
Read More >
Produced in partnership with Helen Swaffield of Contract Law Chambers 13th Feb
Practice notes
This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of...
Read More >
13th Feb
Q&As
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...
Read More >
Produced in partnership with Alex Bagnall of Total Legal Solutions 12th Feb
Q&As
The Pre-Action Protocols (Protocols) and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct...
Read More >
12th Feb
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
Read More >
Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb
Precedents
[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
Read More >
Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Feb
Precedents

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

Read More >
11th Feb
Q&As
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...
Read More >
Produced in partnership with Ryan Turner of Lamb Chambers 11th Feb
Precedents
Action no HT-................................ [Insert name of judge in title of order][Delete or amend the following directions, as appropriate to the...
Read More >
11th Feb
Precedents
1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...
Read More >
11th Feb
Q&As
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...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 11th Feb
Q&As
At present, HM Courts and Tribunals Service have confirmed that, generally, the business of the courts and tribunals is continuing. The guidance is...
Read More >
Produced in partnership with James Tunley of Lamb Chambers 11th Feb

Popular documents