Contract & tort—general principles

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The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

The following Construction news provides comprehensive and up to date legal information on The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—29 July 2021

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

The following Construction news provides comprehensive and up to date legal information on Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured Construction content

Scott Schedules in construction disputes

Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...

Parent company guarantees (PCGs) in construction

Parent company guarantees (PCGs) in constructionIn the construction industry, parent company guarantees (PCGs) are commonly given to the employer by...

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...

Management contracting

Management contractingThis Practice Note provides an overview of Management Contracting and why this type of procurement is used.The most popular...

Practice notes

JCT collateral warranties

JCT collateral warrantiesA warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract...

19th May

Practice notes

Quantum in construction claims

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...

19th May

Practice notes

Schedules of services

Schedules of servicesThis Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s...

19th May

Practice notes

Adjudication and Part 8 proceedings

Adjudication and Part 8 proceedingsThis Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication...

Produced in partnership with 4 Pump Court 19th May

Practice notes

Prohibited or deleterious materials

Prohibited or deleterious materialsWhat are prohibited or deleterious materials?Most building contracts, sub-contracts, consultants’ appointments and...

19th May

Practice notes

Pre-construction services agreements

Pre-construction services agreementsThis Practice Note explores the use of pre-construction services agreements (PCSAs) which are typically used in...

19th May

Practice notes

Construction contract documents

Construction contract documentsIn most cases, a construction contract will incorporate a number of documents that all work together to set out the...

19th May

Practice notes

Net contribution clauses in construction contracts

Net contribution clauses in construction contractsThis Practice Note examines net contribution clauses (sometimes known as proportional or...

19th May

Q&As

What is the relevance of the Base Date in the JCT Design and Build Contract?

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...

19th May

Practice notes

Time at large in construction contracts

Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...

19th May

Practice notes

Early use and partial possession

Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...

19th May

Practice notes

Sectional completion

Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...

19th May

Practice notes

The prevention principle

The prevention principleThis Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in...

Produced in partnership with Tim James Seal 19th May

Practice notes

JCT contracts 2011—reference copies

JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...

19th May

In-house

Practice notes

Pricing structures in construction contracts

Pricing structures in construction contractsThis Practice Note compares the pricing structures most commonly used in construction contracts. It...

19th May

Practice notes

JCT contracts—variations

JCT contracts—variationsThis Practice Note looks at how variations are dealt with under the main forms of JCT contract. For a wider discussion on...

19th May

Most recent Contract & tort—general principles content

Q&As

Can a contract be varied by a chain of emails between the parties?

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...

31st Jul

Q&As

Where a B2B agreement for the provision of services has been signed as a deed but the commencement date has not yet arrived, can the parties delay the commencement date to a later date if both parties agree? Is a deed of variation sufficient to capture the agreed delay to the commencement date?

Where a B2B agreement for the provision of services has been signed as a deed but the commencement date has not yet arrived, can the parties delay the...

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 then signed, is it a valid execution of that document?

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...

31st Jul

COVID-19

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?

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...

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 run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?

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...

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 exercise reasonable care and skill?

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...

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 shall’?

What is the difference between a contractual provision which states ‘The Supplier warrants that it shall’ and the one which states ‘The Supplier...

31st Jul

Q&As

What are the formalities for an attorney executing a deed on behalf of a company?

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...

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 it is contained?

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...

31st Jul

Q&As

What are the requirements for incorporating the terms of an agreement which is being varied into a deed of variation?

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...

31st Jul

Q&As

In a situation where A sends a cheque to B in respect of a liability for fees, B states that they have not received the cheque, but A says the cheque was signed for and has confirmation from the bank that the cheque has been cashed and paid into the payee’s account, has A fulfilled their obligations? What law governs this situation?

In a situation where A sends a cheque to B in respect of a liability for fees, B states that they have not received the cheque, but A says the cheque...

31st Jul

Q&As

If a commercial contract is terminated immediately for material breach (which the contract expressly permits), and the innocent party is required to make redundancies as a result, can the innocent party claim the cost of the redundancies as part of its damages claim against the party in breach?

If a commercial contract is terminated immediately for material breach (which the contract expressly permits), and the innocent party is required to...

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?

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...

31st Jul

Q&As

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed remotely), or can the dating also be done electronically after parties have signed in counterpart?

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed...

31st Jul

COVID-19

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 multi-party commercial agreement (as opposed to just agreeing to perform the action)?

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...

31st Jul

Q&As

If an agreement has been signed by one party, can the attestation clause for the other party be changed so that it correctly reflects the manner in which that party is able to execute the agreement? Can the solicitors acting for the first party make this amendment?

If an agreement has been signed by one party, can the attestation clause for the other party be changed so that it correctly reflects the manner in...

31st Jul

Q&As

Is a contract enforceable if it has been signed but not dated?

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...

Produced in partnership with Richard Colbey of Lamb Chambers 31st Jul

Q&As

Are remedies and termination clauses separate rights under a contract?

Are remedies and termination clauses separate rights under a contract?Contractual clauses—terminationA contractual termination clause provides either...

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 the deed has been delivered and therefore completed?

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...

31st Jul

Q&As

What termination notice period can be implied into a verbal business-to-business contract for services?

What termination notice period can be implied into a verbal business-to-business contract for services?The Practice Note: Termination and expiry of...

31st Jul

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Contract & tort—general principles

View Construction by content type:

Latest Construction News

The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured Construction content

Scott Schedules in construction disputes

Parent company guarantees (PCGs) in construction

Provisional sums

Management contracting

Most recent Contract & tort—general principles content

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Enquiries before contract

Reversionary lease by reference

What is a public authority?

Pre-trial and case management hearings in the Crown Court

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