Damages and exclusions

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JCT collateral warrantiesA warranty'>collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract...
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19th May
Practice notes
Schedules of servicesThis Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s...
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19th May
Practice notes
Adjudication and Part 8 proceedingsThis Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication...
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Produced in partnership with 4 Pump Court 19th May
Practice notes
Prohibited or deleterious materialsWhat are prohibited or deleterious materials?Most building contracts, sub-contracts, consultants’ appointments and...
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19th May
Practice notes
Target cost contracts on construction projectsWhat is a target cost contract?A target cost contract is a type of cost reimbursable contract under...
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19th May
Practice notes
Reasonable skill and care in construction contractsThis Practice Note considers the obligation for contractors and consultants providing services...
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19th May
Practice notes
JCT contracts 2016—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2016 standard form contracts. For our full...
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19th May
Practice notes
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
Q&As
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
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
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
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
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
Practice notes
The Notice of AdjudicationProduced in association with 4 Pump CourtA Notice of Adjudication is the first step in commencing an adjudication. This...
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19th May
Practice notes
Negligence in constructionWhile tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not...
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19th May
Practice notes
JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...
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19th May

Most recent Damages and exclusions 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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26th Jul
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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2nd Jul
Practice notes
Limiting liability in construction contractsThis Practice Note provides guidance on limitation clauses and exclusion clauses (sometimes referred to as...
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1st Jul
Practice notes
Claiming damages—tort and contract claims comparedThis Practice Note serves as a quick reference guide for practitioners comparing the law of damages...
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28th Jun
Practice notes
Quantum in construction disputes—key casesThis Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are...
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23rd Jun
Practice notes
Limitation periods in construction contractsThe Limitation Act 1980 (LA 1980) (as amended by the Latent Damage Act 1986 (LDA 1986)) governs the time...
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14th Jun
Q&As
Can wasted time be claimed as damages?When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff...
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6th Jun
Q&As
What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun
Q&As
Should a consultant accept a clause indemnifying the employer for any breach of the appointment?Most standard form consultant appointments and...
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5th Jun
Q&As
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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5th Jun
Q&As
Can a party rely on the terms of contract ie limitation on liability, where that party has breached them terms of the contract which the other party...
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5th Jun
Q&As
When claiming interest in an adjudication, when does it run from, eg the date of the breach, the start of the adjudication or the date of the...
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Produced in partnership with Abdul Jinadu of Keating Chambers 5th Jun
Q&As
Can parties agree a limitation period different to that provided by the Limitation Act 1980?The limitation periods set out in the Limitation Act 1980...
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5th Jun
Q&As
Is it possible to claim for direct losses for delay in addition to liquidated damages where the contract does not state that liquidated damages are...
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5th Jun
Q&As
What do gross negligence, wilful misconduct and deliberate default mean in commercial law?The parties to commercial contracts sometimes agree that...
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5th Jun
Q&As
Where a building contract is signed as a deed but does not expressly set out the limitation period for bringing a defects claim under it, when does...
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5th Jun
Q&As
Does the Civil Liability (Contribution) Act 1978 mean that a main contractor cannot pursue a contribution claim against a sub-sub-contractor/supplier...
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5th Jun
Q&As
What is the meaning of ‘direct loss and/or expense’ in the JCT contracts?The JCT contracts use the phrase ‘direct loss and/or expense’ in various...
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5th Jun

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