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Issues in construction contracts

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Latest Construction News

Construction weekly highlights—16 September 2021

Construction weekly highlights—16 September 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—16 September 2021

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The following Commercial news provides comprehensive and up to date legal information on Coronavirus (COVID-19) PPE, CE conformity and the Sale of Goods Act 1979 (Local Boy’z Ltd v Malu NV)

The relationship between contractual termination and repudiatory breach (Digital Capital Ltd v Genesis Mining Iceland)

The relationship between contractual termination and repudiatory breach (Digital Capital Ltd v Genesis Mining Iceland)

The following Commercial news provides comprehensive and up to date legal information on The relationship between contractual termination and repudiatory breach (Digital Capital Ltd v Genesis Mining Iceland)

Collateral Warranties and adjudication following Toppan Holdings Ltd v Simply Construct (UK) LLP

Collateral Warranties and adjudication following Toppan Holdings Ltd v Simply Construct (UK) LLP

The following Construction news provides comprehensive and up to date legal information on Collateral Warranties and adjudication following Toppan Holdings Ltd v Simply Construct (UK) LLP

Featured Construction content

Scott Schedules in construction disputes

Scott Schedules in construction disputes

Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...

Defects liability period and rectification of defects

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...

Liquidated damages in construction contracts

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a...

JCT contracts 2016—reference copies

JCT contracts 2016—reference copies

JCT contracts 2016—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2016 standard form contracts. For our full...

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...
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19th May
Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

SBCC (Scottish Building Contract Committee) standard forms of contractThis Practice Note looks at the SBCC (Scottish Building Contract Committee)...
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Produced in partnership with MacRoberts LLP 19th May
tag iconScottish Law
Practice notes

Loss and expense

Loss and expenseClaims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and...
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19th May
tag iconIn-house
Practice notes

Net contribution clauses in construction contracts

Net contribution clauses in construction contractsThis Practice Note examines net contribution clauses (sometimes known as proportional or...
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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...
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Produced in partnership with Victoria Tyson of Corbett & Co 19th May
Q&As

What is the relevance of the Base Date in the JCT Design and Build Contract?

What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...
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19th May
Practice notes

Interim payments in construction contracts

Interim payments in construction contractsThis Practice Note provides an overview of what interim payments are, how the right to be paid (usually by...
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19th May
Practice notes

MF/1 Rev 6 (2014)

MF/1 Rev 6 (2014)Originally called 'Model Form A', 'MF/1' comprises Conditions of Contract for the design, supply and installation of electrical,...
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Produced in partnership with Penningtons Manches and Sarah Fox 19th May
tag iconIn-house
Practice notes

Time at large in construction contracts

Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
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19th May
Practice notes

Sectional completion

Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...
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19th May
Practice notes

Early use and partial possession

Early use and partial possessionTaking occupation before practical completionThe default position in most building contracts is that the contractor is...
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19th May
Practice notes

NEC Professional Service Contract

NEC Professional Service ContractThe NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite...
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19th May
tag iconIn-house
Practice notes

The Scheme for Construction Contracts

The Scheme for Construction Contracts This Practice Note looks at the Scheme for Construction Contracts, as contained in:•the schedule to the Scheme...
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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...
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19th May
tag iconCOVID-19 tag iconIn-house
Practice notes

The prevention principle

The prevention principleThis Practice Note considers the meaning and nature of the prevention principle and its relevance to delay claims in...
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Produced in partnership with Tim James Seal 19th May
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...
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19th May

Most recent Issues in construction contracts content

Practice notes

Corporate Insolvency and Governance Act 2020—moratorium

Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...
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16th Sep
tag iconCOVID-19
Practice notes

Repudiation

RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
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15th Sep
tag iconIn-house
Q&As

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force majeure event under English law?

Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...
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Produced in partnership with Richard Colbey of Lamb Chambers 15th Sep
tag iconCOVID-19
Q&As

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?

Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)?Is there a force majeure event?In English law, the...
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15th Sep
tag iconCOVID-19
Q&As

How do I activate a force majeure provision?

How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
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Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
tag iconCOVID-19
Q&As

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?

Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
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15th Sep
tag iconCOVID-19
Q&As

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods? Should a ‘blended’ rate of interest be applied over differing six-month periods?

What is the applicable rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998 where interest runs over two six-month periods?...
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13th Sep
Q&As

What is the difference between negligence and gross negligence in commercial contracts?

What is the difference between negligence and gross negligence in commercial contracts?In this Q&A we refer to the concepts of negligence and gross...
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13th Sep
Q&As

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the customer?

Is a main contractor liable to the customer for the fraudulent actions of its sub-contractor in performing sub-contracted services to the...
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13th Sep
Q&As

Does the measure of damages in breach of contract include recovering loss to replace damaged items when repair to the damaged items renders the repaired items different to the original items?

Does the measure of damages in breach of contract include recovering loss to replace damaged items when repair to the damaged items renders the...
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13th Sep
Q&As

Is a dispute resolution clause still binding between the parties when a contract terminates?

Is a dispute resolution clause still binding between the parties when a contract terminates?This Q&A focuses on whether a dispute resolution clause is...
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13th Sep
Q&As

Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was deemed to be unreasonable and unenforceable?

Do you have examples of cases and Commentary where a limitation of liability for negligence in a business-to-business sale of goods agreement was...
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13th Sep
Q&As

What termination notice period can be implied into a verbal business-to-business contract for services?

What termination notice period can be implied into a verbal business-to-business contract for services?The Practice Note: Termination and expiry of...
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13th Sep
Q&As

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
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Produced in partnership with XXIV Old Buildings 13th Sep
tag iconCOVID-19
Q&As

What circumstances amount to either a fundamental breach or breach of a fundamental condition of a contract, entitling a party to repudiate a contract? In what circumstances may a party argue that a contract has been frustrated?

What circumstances amount to either a fundamental breach or breach of a fundamental condition of a contract, entitling a party to repudiate a...
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13th Sep
Q&As

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination payment is payable regardless of the reason for termination, even in the event of the repudiatory breach of the supplier.

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination...
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13th Sep
Q&As

Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?

Is a force majeure clause enforceable in a business-to-consumer contract because of coronavirus (COVID-19)?Traders seeking to rely on force majeure...
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13th Sep
tag iconCOVID-19
Practice notes

Exclusion and limitation of liability

Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
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13th Sep
tag iconScottish Law tag iconIn-house
Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...
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13th Sep
tag iconIn-house
Q&As

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?A framework...
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13th Sep

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Capital allowances on property sales—pre-contract enquiries

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Highways, street works and statutory undertakers

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Tort—the different types of tort

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