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Practice notes
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
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
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
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
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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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
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
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...
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Produced in partnership with Victoria McGie 12th Jan
Practice notes
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 Issues in construction contracts content

Practice notes
Exclusion and limitation of liabilityThis Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It...
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14th May
Practice notes
Sub-contracts—stepping down a building contractThis Practice Note looks at the process of producing a construction sub-contract, often referred to as...
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14th May
Practice notes
BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
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Produced in partnership with Author of the WSP Group 13th May
Practice notes
Entire agreement clausesThis Practice Note discusses the purpose and features of entire agreement clauses (also known as whole agreement clauses),...
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13th May
Practice notes
Design liability in construction contractsIf a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part...
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13th May
Practice notes
Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a...
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13th May
Practice notes
Choosing the right procurement method—construction projectsThis Practice Note identifies the factors to consider when choosing which form of...
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13th May
Practice notes
Traditional procurement of construction contractsThis Practice Note provides a basic explanation of traditional procurement in construction. It looks...
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13th May
Precedents
Termination notice—construction contractsTermination notice[To][Date]By [Email, Fax and First Class Pre-Paid Post]Dear [insert name of...
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12th May
Practice notes
JCT contracts—timeThis Practice Note considers the Contractor’s obligations in relation to time under the JCT 2011 and 2016 contracts. It looks at...
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12th May
Practice notes
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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12th May
Practice notes
Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...
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12th May
Practice notes
Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020)Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate...
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11th May
Practice notes
This Practice Note considers the relevance of material breach in the context of construction projects, looks at contractual definitions of material...
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7th May
Q&As
This Q&A refers to a retention of title (ROT) clause in a business-to-business contract for the supply of goods.At its simplest, an ROT clause allows...
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5th May
Q&As
The Practice Note: Termination and expiry of contracts sets out the law, guidance and practice relating to terminating an agreement, including the...
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5th May
Practice notes
Produced in association with 4 Pump CourtThis Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of...
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4th May
Practice notes
Reasonable skill and careUnder its appointment, a consultant has a contractual duty of care and, alongside that, a duty of care in tort. The standard...
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28th Apr
Practice notes
What are fluctuations?Fluctuations provisions are clauses in construction contracts thatallow the contract sum to be adjusted to take account of...
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28th Apr
Q&As
This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...
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28th Apr

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