Contract & tort—general principles

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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
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 looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
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 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
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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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
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
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
In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...
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Produced in partnership with Tim James Seal 12th Jan
Practice notes
This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...
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9th Nov
Practice notes
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....
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9th Nov
Practice notes
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...
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Produced in partnership with Victoria McGie 12th Jan
Practice notes
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...
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9th Nov

Most recent Contract & tort—general principles content

Q&As
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...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 12th Apr
Practice notes
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...
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9th Apr
Practice notes
This Practice Note considers the obligation for contractors and consultants providing services under construction contracts to exercise reasonable...
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9th 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
What does time of the essence mean?Where time is 'of the essence' it means that the stated time for completion of an obligation in a contract is a...
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8th Apr
Practice notes
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...
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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
ARCHIVED: This Practice Note has been archived and is not maintained.This article appears as originally published in Construction Law on 1 November...
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8th Apr
Practice notes
This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...
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8th Apr
Practice notes
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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8th Apr
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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8th Apr
Practice notes
PurposeA notices clause is often included in an agreement to ensure that each party has certainty and clarity in relation to formal communications...
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8th Apr
Practice notes
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...
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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
This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can...
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8th Apr
Practice notes
This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held...
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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
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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8th Apr

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