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Practice notes
This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...
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Produced in partnership with Tim James Seal 12th Jan
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
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
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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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 looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 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
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
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

Most recent Construction disputes content

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...
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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...
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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:...
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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...
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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...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 12th Feb
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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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...
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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

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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...
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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...
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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...
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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...
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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...
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Produced in partnership with James Tunley of Lamb Chambers 11th Feb
Q&As
There is no general rule that all expert evidence is disclosable regardless of privilege (see Practice Note: Expert reports, in particular the section...
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11th Feb
Q&As
This Q&A states the position as at 6 June 2019.Defective Part 36 offersCPR 36 is a ‘self-contained procedural code’. An offer made in accordance with...
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Produced in partnership with Jonathan Edwards of Radcliffe Chambers 11th Feb

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