Issues in construction contracts

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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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28th Oct
Practice notes
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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21st Oct
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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 Oct
Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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26th Sep
Practice notes
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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26th Sep
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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26th Sep
Practice notes
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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26th Sep
Practice notes
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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26th Sep
Practice notes
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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26th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep
Practice notes
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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25th Sep

Most recent Issues in construction contracts content

Practice notes
This Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses), primarily in the context of...
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25th Sep
Practice notes
The JCT contracts contain detailed provisions for termination, setting out the grounds on which the parties may terminate and the consequences...
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25th Sep
Practice notes
It is vital for parties to follow the correct procedure for making claims under the FIDIC contracts. The consequences of not doing so are severe, and...
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25th Sep
Practice notes
Price is a key consideration of any construction contract. The FIDIC forms of contract follow two different methods of determining the price. The Red...
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25th Sep
Practice notes
This Practice Note examines the approach to sub-contracting under the 2017 editions of the FIDIC Red, Yellow and Silver Books. For a look at...
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25th Sep
Practice notes
What is an early payment facility?An 'early payment facility' (EPF), or 'supplier finance scheme', is an arrangement set up by a main contractor...
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25th Sep
Practice notes
This Practice Note looks at the nature of repair and maintenance contracts, how they are used and the different types of such contracts: term...
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25th Sep
Practice notes
Construction contracts commonly provide that, if a party wishes to bring a claim under the contract, it must follow a prescribed procedure. This often...
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25th Sep
Practice notes
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...
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25th Sep
Practice notes
This Practice Note examines the Construction Sub-contract between Project Co and the Construction Sub-contractor (also referred to as the Construction...
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25th Sep
Practice notes
Delay analysis is a technical method employed by programming/planning specialists to identify the delay and the cause(s) of that delay to the...
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25th Sep
Practice notes
One of the key considerations for a developer when they are looking to procure works, is the appointment of the contractor. The procurement route...
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25th Sep
Practice notes
This Practice Note explains what partnering is, its key features and the advantages of taking this approach to a construction project. It also looks...
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25th Sep
Practice notes
Advantages of BIM•BIM should reduce both capital and whole life costs of buildings.•Co-ordination and buildability problems can be ironed out at the...
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25th Sep
Practice notes
This Practice Note deals with the principal types of policy or guarantee, other than latent defects insurance, that are currently on the...
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25th Sep
Practice notes
Spotting the early symptoms of client insolvency•most importantly, a consultant needs to keep alert to the client's financial status•the consultant...
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25th Sep
Practice notes
The question of who owns intellectual property in the designs, drawings, specifications etc created in relation to a construction project is very...
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25th Sep
Practice notes
This Practice Note looks at the Contractor’s obligations in relation to commencement, progress and completion in the 2017 editions of the FIDIC...
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25th Sep
Practice notes
This Practice Note considers termination by the Contractor under the FIDIC Red, Yellow and Silver Books 1999, the Gold Book 2008 and the Pink Book...
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25th Sep
Practice notes
This Practice Note sets out when and how parties can seek to limit or exclude liability for misrepresentations by reference to section 3 of the...
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25th Sep

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