Contract & tort—general principles

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Practice notes
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...
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Produced in partnership with Victoria Tyson of Corbett & Co 9th Nov
Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 9th Nov
Practice notes
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’...
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9th Nov
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...
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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
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
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
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 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...
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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
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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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 9th Nov

Most recent Contract & tort—general principles content

Q&As
This Q&A explains when it is possible to remedy a mistake made in an executed deed by manuscript amendment and the surrounding issues of which to be...
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Produced in partnership with Emma Holland of Stewarts Law 29th Nov
Q&As
For the purposes of this Q&A, it is assumed that:•there are no details of the nature or urgency of remedial works•there are no details as to precise...
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Produced in partnership with Kate Andrews of Hamlins 29th Nov
Q&As
Practice Note: Restitution for unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 28th Nov
Q&As
When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff have been diverted from their usual...
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28th Nov
Q&As
We assume there is a contractual relationship between A and B to which C is not a party and has no third party rights under it.In answering this Q&A,...
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Produced in partnership with Karen Hellier of Clarke Willmott 28th Nov
Q&As
This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...
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28th Nov
Q&As
New Roads and Street Works Act 1991 (NRSWA 1991)The New Roads and Street Works Act 1991 (NRSWA 1991) is an amending Act which concerns the law...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov
Q&As
It is assumed the costs of the interim application have been summarily assessed and that no further costs in respect of that application are to be...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 28th Nov
Q&As
In answering this Q&A, we have set out the general approach to the postal rule and have not addressed any specific considerations that may be relevant...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov
Q&As
Constructive knowledgeConstructive knowledge is deemed knowledge of a particular person regardless of whether that person had actual knowledge of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Nov
Q&As
When a limitation period starts to run, and for how long, in the case of a claim under a guarantee, will depend on how the guarantee is executed and...
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28th Nov
Practice notes
This Practice Note considers good faith in commercial agreements. It examines the concept of good faith and the extent to which it is applied in...
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27th Nov
Practice notes
Negligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be...
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Produced in partnership with Professor Richard A Buckley 27th Nov
Practice notes
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of...
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Produced in partnership with Professor Richard A Buckley 27th Nov
Q&As
The question relates specifically to an obligation on the contractor to inform the employer that what he is asked to build does not comply with the...
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Produced in partnership with Abdul Jinadu of Keating Chambers 23rd Nov
Practice notes
Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such...
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18th Nov
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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18th Nov

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