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Latest Construction News

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

Featured Construction content

Escrow accounts and escrow agreements

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...

Build Operate Transfer (BOT) contracts

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

Time at large in construction contracts

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...

The prevention principle

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...

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...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
tag iconIn-house
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’...
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9th Nov
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...
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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...
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9th Nov
tag iconIn-house
Practice notes

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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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...
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9th Nov
Practice notes

Letters of intent—construction

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

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...
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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...
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9th Nov
Practice notes

JCT collateral warranties

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

'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...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes

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...
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9th Nov
Practice notes

JCT Pre-Construction Services Agreement

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

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...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
Practice notes

Design liability in construction contracts

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

Benefits and risks of adjudication

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 Insurance in construction content

Practice notes

Double insurance and contribution

Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or...
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Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 9th Apr
Practice notes

General principles of insurance contract law

What is insurance law?Insurance law can be split into three parts:•insurance contract law which governs the contractual relationship between insureds...
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9th Apr
tag iconIn-house
Practice notes

Professional indemnity insurance—essentials

What is professional indemnity insurance?Professional indemnity insurance is a form of liability insurance. It provides a professional person or firm...
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9th Apr
Practice notes

FIDIC contracts 2017—insurance

This Practice Note considers the insurance provisions in the FIDIC Red, Yellow and Silver Books 2017. It looks at liability for the Works, insurance...
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8th Apr
Practice notes

Latent defects

Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on...
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8th Apr
Practice notes

Latent defects insurance—why is it required and what is covered?

OverviewIn normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or...
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Produced in partnership with David Savage, Construction partner at Charles Russell Speechlys 8th Apr
Practice notes

Buildings insurance—who is covered?

Landlord or property ownerThe freeholder has the greatest long-term interest in the property as a capital investment, which for a landlord provides an...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes

Joint names insurance—construction contracts

This Practice Note examines the nature of joint names insurance, the distinction between joint and composite insurance and its impact on construction...
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Produced in partnership with Fisher Scoggins Waters LLP 8th Apr
Practice notes

Professional indemnity insurance in construction projects

This Practice Note looks at professional indemnity (PI) insurance in the context of construction projects—the requirement to hold insurance, the level...
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8th Apr
Practice notes

Construction insolvency—the Third Parties (Rights Against Insurers) Acts

This Practice Note considers the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and the Third Parties (Rights Against Insurers) Act...
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8th Apr
Practice notes

JCT contracts—insurance

This Practice Note looks at the insurance provisions in the main forms of JCT contract. It focuses on the Contractor’s liabilities and obligations to...
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8th Apr
Practice notes

Landlord and tenant—insurances

A tenant may be given rights under an agreement for lease to enter a property prior to completion in order to carry out fit out works. This is...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes

NEC contracts—insurance

This Practice Note considers the allocation of risks and the insurance requirements in the NEC Engineering and Construction Contract (ECC). It...
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8th Apr
tag iconIn-house
Practice notes

Contractors’ All Risks (CAR) Insurance

What is Contractors’ All Risks insurance?Construction insurance comes in two main categories, namely ‘property’ and ‘liability’ insurance. Property...
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Produced in partnership with Gordon Dadds Consulting LLP, revised in partnership with Hardwicke 8th Apr
Practice notes

Public liability in construction—analysis of common law provisions

All the standard forms of building contract make specific provision for the liabilities which are at the contractor or employer's risk and which party...
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8th Apr
Practice notes

FIDIC contracts (pre-2017 editions)—insurance

This Practice Note considers the insurance provisions in the 1999 editions of the FIDIC Red, Yellow and Silver Books. For guidance on the 2017...
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8th Apr
Practice notes

Product liability insurance for the construction industry

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Jonathan Spencer and Russell Cowie of Simmons & Simmons 8th Apr
Practice notes

Refurbishment and fit out—insurances

When refurbishment or fit out works are to be completed in an existing building or where an existing building is being extended, the employer under...
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Produced in partnership with Gowling WLG 8th Apr
Practice notes

Design and build insurance for the construction industry

What is design and build?At its simplest, design and build (D&B):•is a project delivery system under which a single entity (the D&B contractor)...
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Produced in partnership with Jonathan Spencer, Emily Monastiriotis and Rachel Lobley of Simmons & Simmons 8th Apr
Practice notes

Third Parties (Rights Against Insurers) Act 2010—one minute guide

Purpose of the TP(RAI)A 2010The Third Parties (Rights against Insurers) Act 2010 (TP(RAI)A 2010) repeals and replaces the Third Parties (Rights...
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Produced in partnership with HFW 8th Apr

Popular documents

LEXISNEXIS

Proprietary estoppel

This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,

LEXISNEXIS

Title guarantee and covenants for title

On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.

LEXISNEXIS

Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus

LEXISNEXIS

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to