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Practice notes
Repair and maintenance contractsThis Practice Note looks at the nature of repair and maintenance contracts, how they are used and the different types...
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19th May
Practice notes
Concession contracts—materials and resourcesA concession is a form of public private partnership (PPP). It is a long term contractual arrangement...
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19th May
Q&As
What is the Joint Fire Code referred to in JCT contracts and when does it apply?The publication known as the ‘Joint Fire Code’ provides guidance on...
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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
Responsibility for Employer's RequirementsThis Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It...
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19th May
Practice notes
NEC Supply ContractOverview of the NEC Supply ContractThe NEC Supply Contract, or ‘SC’, is part of the NEC3 and NEC4 suites of contracts (see Practice...
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19th May
Practice notes
NEC and JCT contracts comparedThis Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a...
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19th May
Practice notes
Retention bondsA retention bond is a particular form of performance bond usually written as an 'on demand' instrument. This Practice Note...
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Produced in partnership with Kennedys 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
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
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
Practice notes
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 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
Practice notes
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
JCT contracts—variationsThis Practice Note looks at how variations are dealt with under the main forms of JCT contract. For a wider discussion on...
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19th May

Most recent Defects content

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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27th Jul
Practice notes
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
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9th Jul
Practice notes
New home warrantiesThis Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on...
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1st Jul
Precedents
pre-action-protocol'>Construction Pre-Action Protocol letter of claim—defects[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or...
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28th Jun
Practice notes
Latent defectsTechnically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest...
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28th Jun
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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21st Jun
Q&As
Is it possible to issue a certificate of making good defects except in respect of a key defect which remains outstanding? Will the building contract...
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5th Jun
Q&As
Is there any case law on the meaning of ‘defect’?As identified in Practice Note: Defects liability period and rectification of defects, there is no...
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5th Jun
Q&As
Can you direct me to some cases which say where the burden of proof would lie in construction claims (in particular when considering whether an...
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5th Jun
Q&As
Does an employer need to allow a contractor to rectify defects in the defects liability period if the extent or nature of the defects discovered give...
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Produced in partnership with Ryan Turner of Lamb Chambers 5th Jun
Q&As
Is there a maximum time limit for which retention under a building contract can be withheld?Retention is the money retained from interim payments, by...
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5th Jun
Q&As
Are you aware of any examples of a contractor bringing adjudication proceedings to recover retention monies due to it?Retention is the name given to...
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5th Jun
Q&As
Are you aware of any cases or guidance regarding an independent design checker’s liability when it approves a design and build contractor’s design...
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Produced in partnership with Abdul Jinadu of Keating Chambers 5th Jun
Q&As
Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns...
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Produced in partnership with Abdul Jinadu of Keating Chambers 5th Jun
Q&As
Should a contractor accept a fitness for purpose obligation?A fitness for purpose obligation in a construction contract is more onerous than an...
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5th Jun
Q&As
Where a new property is yet to be constructed at the time of purchase, does the buyer have any consumer rights over defective quality?See Q&A: What...
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5th Jun
Q&As
What is meant by single point liability in property projects?Single point liability (also commonly referred to as ‘single point responsibility’) means...
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5th Jun

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