Defects

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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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Produced in partnership with Tim James Seal 12th Jan
Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 12th Jan
Practice notes
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 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
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
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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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
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
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
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 looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
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...
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9th Nov
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
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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9th Nov

Most recent Defects content

Practice notes
Materials, goods and workmanshipThe materials and workmanship used by a contractor for a construction project are of key concern for employers as,...
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19th Apr
Q&As
International contractsA contract may be considered international if the parties are based, or hold significant assets, in different jurisdictions, or...
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16th Apr
Practice notes
The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties....
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8th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.This article appears as originally published in Construction Law on 1 December...
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8th Apr
Practice notes
Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on...
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8th Apr
Practice notes
OverviewIn normal circumstances the only recourse available to a building owner, on discovering a defect, is to seek recovery from the contractor or...
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Produced in partnership with David Savage, Construction partner at Charles Russell Speechlys 8th Apr
Practice notes
This Practice Note looks at some of the key considerations that may need to be taken into account when a party to a construction contract is...
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8th Apr
Practice notes
If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of a construction/engineering...
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8th Apr
Practice notes
This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also...
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8th Apr
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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8th Apr
Practice notes
This article appears as originally published in Construction Law on 1 October 2015 and is not maintained.Julie Teal and Suriya Edwards of Withers...
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8th Apr
Practice notes
A no loss defence often arises due to the nature of the contractual matrix on construction projects. For example, a contract may be novated, the...
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8th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with Jonathan Spencer and Russell Cowie of Simmons & Simmons 8th Apr
Practice notes
Under the Defective Premises Act 1972 (DPA 1972), a person who takes on work for or in connection with the provision of a dwelling owes a duty to...
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8th Apr
Practice notes
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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7th Apr
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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6th Apr
Practice notes
Defects are a common issue on construction projects. Minor defects or patent defects (ie those which are apparent upon inspection) can often be dealt...
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31st Mar
Practice notes
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...
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30th Mar
Practice notes
The allocation of design responsibility is a key consideration in any construction project, as this will determine which party bears the risk of the...
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18th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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12th Mar

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