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

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

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)

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

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

The contractor's programme

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

Benefits and risks of adjudication

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...

Scott Schedules in construction disputes

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

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...

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

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...
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9th Nov
tag iconIn-house
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

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

Negligence in construction

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

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

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
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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

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,...
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9th Nov
Practice notes

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 12th Jan
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

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...
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Produced in partnership with Tim James Seal 12th Jan
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....
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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...
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9th Nov

Most recent Buildings insurance for construction lawyers content

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

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

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

Construction insurance—overlap between the works and existing buildings

Work in or adjacent to other buildingsA contract for insurance may cover damage to property caused by an insured risk, for example buildings insurance...
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Produced in partnership with Fladgate 26th Feb
Q&As

Is there a definition of 'Existing Structures' (referred to in the JCT form of contracts at Insurance Option C)? Would it include cladding connected to the building that was not structural/load bearing?

What form does Option C take and what is meant by ‘existing structures’ under the Contract?Pursuant to Schedule 3, the contract provides for three...
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Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 15th Feb

Popular documents

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral

Drafting the particulars of claim and reply

Drafting the particulars of claim and reply

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be

Separation of powers—legislative, executive and judiciary

Separation of powers—legislative, executive and judiciary

Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to

Codicils

Codicils

Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more