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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
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
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 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 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
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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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
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
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
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
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
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
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

Most recent Defects content

Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant’s solicitor][Address][insert date]Dear [insert contact name][PROSPECTIVE...
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10th Mar
Q&As
Single point liability (also commonly referred to as ‘single point responsibility’) means that the contractor engaged by the employer in respect of a...
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15th Feb
Q&As
Under the JCT Intermediate Sub-Contract 2011, retention monies are released to the Sub-contractor as part of the ‘last interim payment’ (see clauses...
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15th Feb
Q&As
A warranty'>collateral warranty is a contract which is collateral to an underlying or primary contract, such as a construction contract. The warranty...
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15th Feb
Q&As
We are not aware of any general duty in tort which requires an employer to properly maintain a building once completed.However, such a failure may be...
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15th Feb
Q&As
The general rule is that the limitation period will commence on the date on which the cause of action arises. A distinction is to be made between...
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15th Feb
Q&As
While we are aware of the occasional practice of a significant defect being carved out of a practical completion certificate (sometimes referred to as...
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15th Feb
Q&As
Retention is the money retained from interim payments, by the employer, as security for future performance: the purpose of retention is basically to...
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15th Feb
Q&As
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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Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb
Q&As
Liability is established through association with the New Homes Building Council (NHBC) as a registered member. Builders who register with the NHBC...
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15th Feb
Q&As
A fitness for purpose obligation in a construction contract is more onerous than an obligation to exercise reasonable skill and care. Fitness for...
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15th Feb
Q&As
A defect (or non-completion of an element of works) constitutes a breach of contract entitling the employer to an award of general damages. The...
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15th Feb
Q&As
A claim for damage suffered as a result of a defective productA consumer can bring a claim for damage suffered as a result of a defective product...
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3rd Feb
Precedents
No.DefectTerm of contract BreachedRemedial costDefendant’s respon...
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Produced in partnership with 4 Pump Court 8th Jan
Q&As
In construction, a warranty'>collateral warranty is ancillary to either a building contract, sub-contract or a consultant’s appointment. The warranty...
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Produced in partnership with Ryan Turner of Lamb Chambers 8th Jan

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