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CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Construction weekly highlights—13 May 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—13 May 2021

Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

The following Commercial news provides comprehensive and up to date legal information on Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Featured Construction content

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...

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...

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...

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...

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...

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

In-house

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

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

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

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

What is a variation on a construction project?

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...

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

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...

9th Nov

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...

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

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

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,...

9th Nov

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

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...

Produced in partnership with Tim James Seal 12th Jan

Practice notes

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...

9th Nov

Practice notes

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....

9th Nov

Most recent Consultant appointments content

Precedents

Schedule of services—M&E Engineer (Design and build procurement)

Schedule of services—M&E Engineer (Design and build procurement)The Consultant shall:General responsibilities (Stages 0–7)•[act as Lead Consultant in...

8th Apr

Q&As

Should an employer insist that a consultant exercises ‘all’ reasonable skill and care? Does the inclusion of ‘all’ impose a higher duty of care?

Under section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) a consultant (as a professional) providing services must do so with...

15th Feb

Q&As

Which standard form construction contracts are available on LexisNexis?

Reference copies of the following contracts are available on LexisNexis as PDFs:•JCT contracts—the following suites, along with associated guides and...

15th Feb

Q&As

Where a consultant is in repudiatory breach, and the appointment contains no termination provisions, can the employer recover costs of appointing the design team directly to complete the project? Does the consultant still receive its remaining fee?

Where a contract contains no express termination provisions, it will only be possible to terminate at common law—ie where a party is in repudiatory...

15th Feb

Precedents

Reliance agreement

This Agreement is made on the [insert date] day of [insert month] 20[insert year]Parties1[insert name of party], a company incorporated in [England...

14th Feb

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...

Produced in partnership with Abdul Jinadu of Keating Chambers 8th Jan

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...

8th Dec

Precedents

Schedule of services—Project Manager

Schedule of services—Project ManagerThe Project Manager shall:General responsibilities•act as the Client’s representative and issue information and...

6th Dec

Precedents

Schedule of services—BIM Manager

The BIM Manager shall:General responsibilities•plan and lead BIM implementation for the Project•provide guidance and support to the Project Team to...

6th Dec

Q&As

What is an evaporation clause?

‘Evaporation clause’ is an alternative name for a particular type of clause limiting liability. This type of clause is most commonly found in...

6th Dec

Q&As

Is the BPF Agreement likely to be accepted by consultants?

There are several forms of consultant appointment published by various bodies, such as NEC, RIBA, ACA, ACE and CIC. The British Property Federation...

6th Dec

Q&As

Can poor or incorrect administration of a sub-contract invalidate that sub-contract?

Administration of the sub-contractThe general duties and obligations of contract administration will depend on the scope of the building contract or...

6th Dec

Q&As

What type of appointment and schedule of services should I use for a BIM level 2 coordinator?

It is important firstly to understand what the parties mean when they use the term BIM level 2 coordinator. Often, people equate this with a BIM...

6th Dec

Q&As

What is a design responsibility matrix?

A design responsibility matrix is a tool used in construction projects to allocate responsibility for the various aspects of the design. It might also...

6th Dec

Q&As

How does the Construction Industry Scheme apply to contract administration, and what duties are owed by the contract administrator to the employer in respect of the scheme under JCT?

We have assumed in this Q&A that the employer under the JCT Standard Building Contract 2011 and 2016 (SBC) is a ‘contractor’ for the purposes of the...

6th Dec

Precedents

Letter of reliance

To: [insert name and address of recipient of letter]Date: [insert date]Dear [insert name of person/organisation wishing to rely on the report],[insert...

25th Nov

Precedents