General insurance principles

Practice notes

The final account in construction and engineering contracts

The final account in construction and engineering contractsWhat is the final account?The expression 'final account' refers to the consolidated...

19th May

Practice notes

Adjudication and Part 8 proceedings

Adjudication and Part 8 proceedingsThis Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication...

Produced in partnership with 4 Pump Court 19th May

Practice notes

Letters of intent—construction

Letters of intent—constructionWhat is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to...

19th May

Practice notes

Responsibility for Employer's Requirements

Responsibility for Employer's RequirementsThis Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It...

19th May

Practice notes

NEC Supply Contract

NEC Supply ContractOverview of the NEC Supply ContractThe NEC Supply Contract, or ‘SC’, is part of the NEC3 and NEC4 suites of contracts (see Practice...

19th May

Practice notes

Retention bonds

Retention bondsA retention bond is a particular form of performance bond usually written as an 'on demand' instrument. This Practice Note...

Produced in partnership with Kennedys 19th May

Practice notes

Reasonable skill and care in construction contracts

Reasonable skill and care in construction contractsThis Practice Note considers the obligation for contractors and consultants providing services...

19th May

Practice notes

Oversail licences

Oversail licencesWhy have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space...

19th May

Practice notes

FIDIC contracts—introduction to the Red Book 2017

FIDIC contracts—introduction to the Red Book 2017In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This...

Produced in partnership with Victoria Tyson of Corbett & Co 19th May

Practice notes

Extensions of time under construction contracts

Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...

19th May

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In-house

Practice notes

Duty to warn

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

19th May

Practice notes

FIDIC contracts—introduction to the Silver Book 2017

FIDIC contracts—introduction to the Silver Book 2017In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This...

Produced in partnership with Victoria Tyson of Corbett & Co 19th May

In-house

Practice notes

MF/2 Rev 2 (1999)

MF/2 Rev 2 (1999)'MF/2' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the...

19th May

Practice notes

The contractor's programme

The contractor's programmeThis Practice Note considers the status of the programme in a construction contract, what difference it makes if the...

19th May

Practice notes

Design and build procurement

Design and build procurementThis Practice Note explains what design and build (commonly referred to as ‘D&B’) procurement is. It also considers why an...

19th May

Practice notes

Pricing structures in construction contracts

Pricing structures in construction contractsThis Practice Note compares the pricing structures most commonly used in construction contracts. It...

19th May

Q&As

We have an insurance policy which both covers and excludes a particular risk. Linked to this is the use in the policy of the words ‘and/or’. Do you have any materials which can help us to interpret this section of the policy?

We have an insurance policy which both covers and excludes a particular risk. Linked to this is the use in the policy of the words ‘and/or’. Do you...

6th Jun

Q&As

In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer under TP(RAI)A 2010 take the place of and replace the now insolvent defendant?

In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer...

6th Jun

Q&As

What is meant by an 'indemnity to principals' provision and an 'additional insured' provision? What are the practical differences in protection each affords to the principal/additional insured?

What is meant by an 'indemnity to principals' provision and an 'additional insured' provision? What are the practical differences in protection each...

6th Jun

Practice notes

Double insurance and contribution

Double insurance and contributionOverlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover,...

Produced in partnership with Susie Wakefield and Matthew Brown of Shoosmiths LLP 5th Jun

Q&As

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the contract between the installer and its customer is silent on the issue?

Can a provider of industry accreditation certificates release the insurance details of its accredited installers to an installer’s customer where the...

5th Jun

Practice notes

General principles of insurance contract law

General principles of insurance contract lawWhat is insurance law?Insurance law can be split into three parts:•insurance contract law which governs...

5th Jun

In-house

Practice notes

Subrogation in insurance and reinsurance

Subrogation in insurance and reinsuranceWhat is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation...

Produced in partnership with Eleanor Ruiz of Reed Smith and Mark Pring of Reed Smith 5th Jun

Practice notes

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

Third Parties (Rights Against Insurers) Act 2010—one minute guidePurpose of the TP(RAI)A 2010The Third Parties (Rights against Insurers) Act 2010...

Produced in partnership with HFW 5th Jun

Q&As

What amendments to the JCT Design and Build Contract 2011 should be included where the employer is taking out insurance under clause 6.5.1 instead of the contractor?

What amendments to the JCT Design and Build Contract 2011 should be included where the employer is taking out insurance under clause 6.5.1 instead of...

Produced in partnership with Abdul Jinadu of Keating Chambers 5th Jun

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?

Is there a definition of 'Existing Structures' (referred to in the JCT form of contracts at Insurance Option C)? Would it include cladding connected...

Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 5th Jun

Q&As

Where, under a building contract, an employer has taken out insurance in joint names, does that give the contractor protection from a subrogated claim being brought against them by the insurer in the name of one of the other insured parties?

Where, under a building contract, an employer has taken out insurance in joint names, does that give the contractor protection from a subrogated claim...

Produced in partnership with Rebecca Prigg of CMS 5th Jun

Q&As

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?In financing and construction documentation for development projects it...

5th Jun

Q&As

Where an insurance policy is stated to have a limit of indemnity which is 'any one claim and in the aggregate' how does this differ from an aggregate cap?

Where an insurance policy is stated to have a limit of indemnity which is 'any one claim and in the aggregate' how does this differ from an aggregate...

5th Jun

Practice notes

Joint names insurance—construction contracts

Joint names insurance—construction contractsThis Practice Note examines the nature of joint names insurance, the distinction between joint and...

Produced in partnership with Fisher Scoggins Waters LLP 5th Jun

Practice notes

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

Construction insolvency—the Third Parties (Rights Against Insurers) ActsThis Practice Note considers the Third Parties (Rights Against Insurers) Act...

4th Jun

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