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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

Construction weekly highlights—29 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—29 April 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...

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...

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...

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...

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

Sectional completion

What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...

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...

9th Nov

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

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...

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

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...

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...

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

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...

Produced in partnership with Victoria McGie 12th Jan

Most recent Insurance in construction content

Practice notes

New home warranties

This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...

30th Mar

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?

When the Third Parties (Rights Against Insurers) Act 2010 applies, the rights of the insured (ie the ‘relevant person’) are automatically transferred...

25th Mar

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?

An indemnity to principals clause, as defined in Commentary: Who insures?: Manual of Construction Agreements [13], is a common feature of liability...

25th Mar

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?

Considering the general rules of construction and interpretation of insurance policies, the following Practice Note may be useful: General principles...

25th Mar

Practice notes

Subrogation in insurance and reinsurance

What is the right of subrogation?In the context of insurance and reinsurance, the right of subrogation entitles an insurer or reinsurer, having...

Produced in partnership with Eleanor Ruiz of Reed Smith and Mark Pring of Reed Smith 23rd Mar

Practice notes

Non-negligent insurance

What is non-negligent damage?If damage is caused to neighbouring property by the contractor’s negligence or breach of contract, the contractor will be...

Produced in partnership with Fladgate 26th Feb

Practice notes

Terrorism—risk and insurance for construction projects

What is terrorism?The Reinsurance (Acts of Terrorism) Act 1993 (R(AT)A 1993) defined terrorism as:'acts of persons acting on behalf of, or in...

Produced in partnership with Fladgate 26th Feb

Q&As

What is decennial insurance?

Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated...

Produced in partnership with Charles Russell Speechlys LLP 26th Feb

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...

Produced in partnership with Fladgate 26th Feb

Practice notes

Project specific insurance policies

What is a project policy?'Project policy' generally means a policy the employer takes out to cover Contractors All Risks and public liability. The...

Produced in partnership with Fladgate 26th Feb

Practice notes

Sub-contractors' insurance

This Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties that can arise in respect of...

Produced in partnership with Fladgate 26th Feb

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?

SubrogationIt may first be useful to recap how subrogation works. In the event of a successful claim being made under an insurance policy, insurers...

Produced in partnership with Rebecca Prigg of CMS 15th Feb

Q&As

Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?

A warranty'>collateral warranty is an agreement that is ancillary to the primary contract. The purpose of a collateral warranty is to ensure that a...

Produced in partnership with David Sawtell of 39 Essex Chambers 15th Feb

Q&As

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

In financing and construction documentation for development projects it is usual to see requirements for parties to arrange insurance so that a...

15th Feb

Q&As

Where a National Home Building Council (NHBC) warranty obligates the NHBC to either reimburse the cost of putting right defects or arrange (at its expense) for the necessary work to be carried out, is it possible for a covered party to choose the option it prefers?

The National Home Building Council (NHBC) offers insurance and warranty products under the name Buildmark. This includes a two year builder warranty...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb

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?

Clause 6.5.1 provides for non-negligent insurance to be taken out by the contractor in joint names with the employer in respect of the potential risk...

Produced in partnership with Abdul Jinadu of Keating Chambers 15th 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...

Produced in partnership with Julie Morrissy of Irwin Mitchell LLP 15th Feb

Q&As

NHBC—what is the basis for the developer being responsible for dealing with defects for the first two years, if the sale contract for a new build house is silent as to the developer having such responsibility?

Liability is established through association with the New Homes Building Council (NHBC) as a registered member. Builders who register with the NHBC...

15th Feb

Q&As

Beyond the first two years of a National House Building Council (NHBC) warranty, is cover for a defect occurring in the communal parts of a block of flats provided by the builder or by NHBC?

We have assumed that, given the reference to communal areas, the property referred to in this question is a block of flats.For two years from...

15th Feb

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?

Insurance dataThe claimant may have a right to obtain information about an insolvent installer under the Third Parties (Rights Against Insurers) Act...

2nd Feb