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Recent developments in professional indemnity insurance for the construction sector

Recent developments in professional indemnity insurance for the construction sector

The following Construction news provides comprehensive and up to date legal information on Recent developments in professional indemnity insurance for the construction sector

Brexit—the end of public procurement rules or business as usual?

Brexit—the end of public procurement rules or business as usual?

The following Construction news provides comprehensive and up to date legal information on Brexit—the end of public procurement rules or business as usual?

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

The following Construction news provides comprehensive and up to date legal information on Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

Featured Construction content

Escrow accounts and escrow agreements

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

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?

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

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

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...
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Produced in partnership with Tim James Seal 12th Jan
Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

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

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...
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9th Nov
tag iconIn-house
Practice notes

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes

Responsibility for Employer's Requirements

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

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...
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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...
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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...
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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...
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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...
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9th Nov
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...
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Produced in partnership with MacRoberts LLP 12th Jan
tag iconScottish Law
Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

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
tag iconIn-house
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...
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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...
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9th Nov
tag iconIn-house
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...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
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...
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9th Nov

Most recent Consultant appointments content

Practice notes

FIDIC contracts 2017—the role of the Engineer

This Practice Note considers the role of the Engineer under the FIDIC Red and Yellow Books 2017. For more information on these contracts, see Practice...
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Produced in partnership with Victoria Tyson of Corbett & Co 8th Jan
Q&As

Are you aware of any cases or guidance regarding an independent design checker’s liability when it approves a design and build contractor’s design that proves to be defective?

This Q&A considers cases on the liability of a party appointed by the employer to review and approve a design developed by a contractor in a design...
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Produced in partnership with Abdul Jinadu of Keating Chambers 8th Jan
Practice notes

FIDIC contracts (pre-2017 editions)—the role of the Engineer

This Practice Note considers the role of the Engineer under the FIDIC Red and Yellow Books 1999 and the Pink Book 2010.The FIDIC Silver Book 1999 and...
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Produced in partnership with Victoria Tyson of Corbett & Co 8th Jan
Practice notes

NEC Professional Service Contract

The NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite of contracts. The NEC4 suite of...
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23rd Dec
tag iconIn-house
Practice notes

NEC Professional Service Short Contract

Overview of the NEC Professional Service Short ContractThe NEC Professional Service/Services Short Contract, or PSSC, is part of the NEC3 and NEC4...
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21st Dec
Q&As

What liability would an employer (term is used in the consultant appointment) have for personal injury to a consultant who was injured while carrying out professional services?

In general, an employer has both a common law and statutory duty to ensure the safety of their employees. See: Employer’s liability—overview and...
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8th Dec
Practice notes

ACE Professional Services Agreement

The ACE Professional Services Agreement (PSA) is a standard form consultant appointment published by the ACE (Association for Consultancy and...
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6th Dec
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...
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6th Dec
Practice notes

Net contribution clauses in construction contracts

This Practice Note examines net contribution clauses (sometimes known as proportional or proportionate liability clauses) and their inclusion in...
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6th Dec
Practice notes

RIBA Standard Professional Services Contract 2018 for Architectural Services

Stop press: New versions of the RIBA Professional Services Contracts have been published (2020 editions)—see: LNB News 21/07/2020 73.This Practice...
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6th Dec
Practice notes

Claims against consultants on construction projects

This Practice Note looks at claims made against professional consultants (also known as construction professionals) on construction projects and...
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6th Dec
Practice notes

Termination of a consultant's appointment

This Practice Note looks at how consultant’s appointments might be terminated, explores the approach taken in standard forms and provides example...
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6th Dec
Practice notes

Standard of care—consultant appointments

Reasonable skill and careUnder its appointment, a consultant has a contractual duty of care and, alongside that, a duty of care in tort. The standard...
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6th Dec
Practice notes

Payment in consultant appointments

Consultant appointments and the HGCRA 1996‘Construction contracts’ as defined in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA...
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6th Dec
Practice notes

Copyright in a consultant's appointment

The question of who owns intellectual property in the designs, drawings, specifications etc, created in relation to a construction project is very...
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6th Dec
Practice notes

Limitations and exclusions of liability—consultant appointments

This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside...
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6th Dec
Practice notes

Performance of services and other obligations in a consultant's appointment

A consultant’s appointment will contain numerous duties and obligations, both express and implied. This Practice Note looks at the consultant’s...
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6th Dec
Practice notes

MF/4 (2003)

'MF/4' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the Institution of Mechanical...
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6th Dec
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...
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6th Dec
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...
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6th Dec

Popular documents

LEXISNEXIS

Nuisance and the rule in Rylands v Fletcher—common law liability for pollution

Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not

LEXISNEXIS

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by

LEXISNEXIS

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus

LEXISNEXIS

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well