Contract & tort—general principles

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Practice notes
JCT collateral warrantiesA warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract...
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19th May
Practice notes
Quantum in construction claimsThis Practice Note looks at some of the key considerations that may need to be taken into account when a party to a...
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19th May
Practice notes
Schedules of servicesThis Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s...
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19th May
Practice notes
Adjudication and Part 8 proceedingsThis Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication...
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Produced in partnership with 4 Pump Court 19th May
Practice notes
Prohibited or deleterious materialsWhat are prohibited or deleterious materials?Most building contracts, sub-contracts, consultants’ appointments and...
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19th May
Practice notes
Pre-construction services agreementsThis Practice Note explores the use of pre-construction services agreements (PCSAs) which are typically used in...
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19th May
Practice notes
Construction contract documentsIn most cases, a construction contract will incorporate a number of documents that all work together to set out the...
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19th May
Practice notes
Net contribution clauses in construction contractsThis Practice Note examines net contribution clauses (sometimes known as proportional or...
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19th May
Q&As
What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...
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19th May
Practice notes
Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
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19th May
Practice notes
Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...
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19th May
Practice notes
Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...
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19th May
Practice notes
The prevention principleThis Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in...
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Produced in partnership with Tim James Seal 19th May
Practice notes
JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...
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19th May
Practice notes
Pricing structures in construction contractsThis Practice Note compares the pricing structures most commonly used in construction contracts. It...
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19th May
Practice notes
JCT contracts—variationsThis Practice Note looks at how variations are dealt with under the main forms of JCT contract. For a wider discussion on...
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19th May

Most recent Contract & tort—general principles content

Q&As
Can a contract be varied by a chain of emails between the parties?Contracts can be varied in a number of ways:•in writing•orally•by...
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31st Jul
Q&As
Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and...
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31st Jul
Q&As
What are the physical requirements of a company seal and, where no seal is available, what alternate means of execution of a deed are there?Physical...
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31st Jul
Q&As
What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul
Q&As
When is 'actual damage' sustained for the context of limitation in tort, when a defective product is supplied, and the supplier has a duty of care to...
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31st Jul
Q&As
What is the difference between a contractual provision which states ‘The Supplier warrants that it shall’ and the one which states ‘The Supplier...
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31st Jul
Q&As
What are the formalities for an attorney executing a deed on behalf of a company?Execution of deeds by companiesDocuments executed as deeds must be...
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31st Jul
Q&As
To what extent can a clause in an agreement be enforced following the end of the agreement ie can a clause survive the end of the agreement in which...
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31st Jul
Q&As
What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?There are various methods by...
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31st Jul
Q&As
Can a supplier in a business-to-business sale of goods contract refuse to allow the buyer to return non-faulty goods?This Q&A refers to a generic...
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31st Jul
Q&As
What is the benefit of one party undertaking or entering into a covenant with another named party on a certain action/matter within a general...
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31st Jul
Q&As
Is a contract enforceable if it has been signed but not dated?It is difficult to envisage any circumstances where a contract would be void or...
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Produced in partnership with Richard Colbey of Lamb Chambers 31st Jul
Q&As
Are remedies and termination clauses separate rights under a contract?Contractual clauses—terminationA contractual termination clause provides either...
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31st Jul
Q&As
Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after...
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31st Jul
Q&As
What termination notice period can be implied into a verbal business-to-business contract for services?The Practice Note: Termination and expiry of...
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31st Jul

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