Contract & tort—general principles

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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
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
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
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
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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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
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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9th Nov
Practice notes
What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...
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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
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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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
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
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
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
This Q&A refers to a generic supply of goods agreement, in relation to which no specific industry or sector regulations apply.We are not aware of any...
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16th Apr
Q&As
The requirements for variation of a deedIt was formerly a rule of common law that contracts entered into by way of deed could only be varied by deed....
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12th Apr
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
Q&As
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...
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8th Apr
Q&As
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...
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8th Apr
Q&As
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...
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8th Apr
Q&As
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...
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8th Apr
Q&As
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...
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8th Apr
Q&As
The question relates specifically to an obligation on the contractor to inform the employer that what he is asked to build does not comply with the...
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Produced in partnership with Abdul Jinadu of Keating Chambers 18th Mar
Q&As
A partner’s authority to act on behalf of a partnership is based on agency. Each partner is an agent of the partnership and the other partners for the...
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15th Feb
Q&As
Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly...
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15th Feb
Q&As
Liability can be excluded or limited. If a term purports to limit liability, although less likely to be unenforceable (see Ailsa Craig Fishing v...
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15th Feb
Q&As
There are various methods by which a document such as an agreement which is being varied may be incorporated into or annexed to a deed of variation....
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15th Feb
Q&As
TerminationA termination clause in a contract allows for the agreement to be terminated on the grounds and in the manner specified in the clause....
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
Q&As
Ensuring that a written contract contains the correct information is important as it affects the rights and obligations of the parties. However,...
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15th Feb
Q&As
Repudiatory breachThe general rule is that a party to a contract must perform precisely what they agreed to do. Failure to do so constitutes a breach...
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15th Feb
Q&As
An indemnity is an agreement by one party to bear the cost of certain losses or liabilities incurred by or claims brought against another party in...
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15th Feb

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