This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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...
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...
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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...
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...
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...
CausationIn most torts, where a defendant breaches its duty towards the claimant, they are only liable if the claimant can establish that the breach...
Practice Note: Restitution for unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution...
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,...
Requirement for permission to serve out of the jurisdictionWhen commencing proceedings against a defendant living in Canada, the claimant will need to...
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...
Constructive knowledgeConstructive knowledge is deemed knowledge of a particular person regardless of whether that person had actual knowledge of the...
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...
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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