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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
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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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 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
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
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
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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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 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
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...
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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 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov

Most recent Tort for construction lawyers content

Practice notes
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 16th Apr
Practice notes
This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways...
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15th Apr
Practice notes
This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is...
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8th Apr
Practice notes
This Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are commonly claimed in construction disputes,...
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8th Apr
Practice notes
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...
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8th Apr
Practice notes
Remaining liable for acts and omissions of contractorsCommercial entities often delegate obligations or services that they owe to third parties to...
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8th Apr
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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8th Apr
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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Produced in partnership with Professor Richard A Buckley 8th Apr
Practice notes
In most torts, where a defendant breaches its duty towards the claimant, it is only liable if the claimant can establish that the breach in question...
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Produced in partnership with Laurence Page of Hardwicke Chambers 8th Apr
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 8th Apr
Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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Produced in partnership with Laurence Page of Hardwicke Chambers 8th Apr
Practice notes
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...
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Produced in partnership with Aileen McErlean of Hardwicke Chambers 8th Apr
Practice notes
This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of...
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8th Apr
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 8th Apr
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 8th Apr
Practice notes
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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8th Apr
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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7th Apr
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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6th Apr
Practice notes
This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in...
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31st Mar
Practice notes
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 31st Mar

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