It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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...
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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...
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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...
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
Sale of Goods Act 1979 (SGA 1979)—implied termsSGA 1979 contains detailed provisions about contracts for the sale of goods, including the formalities...
This Q&A refers to a generic supply of goods agreement, in relation to which no specific industry or sector regulations apply.We are not aware of any...
This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways...
The requirements for variation of a deedIt was formerly a rule of common law that contracts entered into by way of deed could only be varied by deed....
Formalities for a deedThe following are the necessary requirements for a deed:•it must be in writing•it must make it clear that it is intended to be a...
This Practice Note considers if and when a duty of good faith may be implied into a construction contract, and also looks at some of the standard form...
The implication of terms into a contract is a large and complicated area of law. Sometimes, a particular term will be implied automatically into all...
This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...
Defining waiverIn the law of contract, the term ‘waiver’ may have different meanings but is most commonly used to denote the granting of a concession...
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