Contract & tort—general principles

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Variation of contracts by the conduct of the parties (Delta Fabrication & Glazing v Watkin Jones & Son)

The following Construction news provides comprehensive and up to date legal information on Variation of contracts by the conduct of the parties (Delta Fabrication & Glazing v Watkin Jones & Son)

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Rectification, intimidation and justification in commercial fraud (GDS v NCR)

The following Commercial news provides comprehensive and up to date legal information on Rectification, intimidation and justification in commercial fraud (GDS v NCR)

Construction weekly highlights—6 May 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—6 May 2021

Featured Construction content

Scott Schedules in construction disputes

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...

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

Interim payments in construction contracts

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...

Practice notes

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

Practice notes

NEC and JCT contracts compared

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...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

What is a variation on a construction project?

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...

9th Nov

Practice notes

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...

9th Nov

Practice notes

Loss and expense

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...

9th Nov

In-house

Practice notes

Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...

9th Nov

Practice notes

Target cost contracts on construction projects

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’...

9th Nov

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

FIDIC contracts—introduction to the Silver Book 2017

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...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

The prevention principle

This Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in construction projects. It also...

Produced in partnership with Tim James Seal 12th Jan

Practice notes

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

9th Nov

Practice notes

What is practical completion?

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....

9th Nov

Practice notes

Escrow accounts and escrow agreements

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...

9th Nov

Most recent Contract & tort—general principles content

Practice notes

Tort claims—causation as a matter of fact

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...

Produced in partnership with Laurence Page of Hardwicke Chambers 8th Apr

Practice notes

Causation and remoteness in contractual breach claims

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 8th Apr

In-house

Practice notes

How to approach a contractual interpretation dispute—a practical guide

This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the...

8th Apr

Practice notes

Tort claims—causation in law

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...

Produced in partnership with Laurence Page of Hardwicke Chambers 8th Apr

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 8th Apr

In-house

Practice notes

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

8th Apr

Practice notes

Estoppel by representation and estoppel by convention

This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...

Produced in partnership with Nicholas Macklam of Radcliffe Chambers 8th Apr

Practice notes

Standard of care in professional negligence claims

This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of...

8th Apr

Practice notes

Contract interpretation—battle of the forms—on whose terms have parties contracted?

This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of...

8th Apr

In-house

Practice notes

Negligence—key elements to establish a negligence claim

Negligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be...

Produced in partnership with Professor Richard A Buckley 8th Apr

Practice notes

Breach of statutory duty

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...

Produced in partnership with Professor Richard A Buckley 8th Apr

Q&As

What is the limitation time in respect of a guarantor’s obligations under a personal guarantee when the principal borrower has defaulted?

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...

8th Apr

Practice notes

Misrepresentations—excluding and limiting liability for them

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...

8th Apr

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?

We have assumed that: the query relates to the execution of a business-to-business commercial agreement subject to the laws of England and Wales.In...

8th Apr

COVID-19

Q&As

If I can’t meet the people I am contracting with to sign a contract, how do I execute a contract by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...

8th Apr

COVID-19

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?

This question envisages a written agreement, which contains, in a schedule, the form of a further agreement, which the parties may sign on some future...

8th Apr

COVID-19

Q&As

My company needs to enter into a document as a deed but everyone is working from home. Is it possible to execute a deed by virtual means?

Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...

8th Apr

COVID-19

Q&As

Can a signed scanned version of a contract or deed be relied upon as opposed to the signed original?

We have assumed that the question relates to the execution of a scanned version of a contract or deed.We would like to refer you to the following...

8th Apr

COVID-19

Practice notes

Termination of a construction contract

A construction contract may be discharged, terminated or determined in a number ways. These principally include:•by performance•by...

Produced in partnership with DAC Beachcroft 7th Apr

COVID-19

Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

7th Apr