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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 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
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 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
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
What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...
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9th Nov
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
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 Defects content

Q&As
This Q&A considers cases on the liability of a party appointed by the employer to review and approve a design developed by a contractor in a design...
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Produced in partnership with Abdul Jinadu of Keating Chambers 8th Jan
Q&As
If a builder causes physical damage to a neighbouring property then it is possible that both the employer (who owns the property on which the builder...
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Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 8th Jan
Q&As
A framework agreement allows a single tender process to be carried out in respect of a number of construction projects or tasks, therefore reducing...
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6th Dec
Q&As
Damages for breach of contract are compensatory and the aim is to place the claimant in the same position, so far as money can do it, as if the...
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6th Dec
Q&As
In Imperial Smelting Corporation Ltd v Joseph Constantine Steamship Line Ltd; The Kingswood, the court considered various cases regarding the burden...
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6th Dec
Q&As
When determining what damages an employer may claim, it is necessary to consider general principles regarding damages. As set out in Practice Note:...
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6th Dec
Q&As
There is no single or universal definition of ‘snagging works’ (or the term ‘snagging list’ which is commonly used).The term ‘snagging’ is widely used...
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6th Dec
Q&As
As identified in Practice Note: Defects liability period and rectification of defects, there is no ‘standard’ definition of what constitutes a defect...
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6th Dec
Q&As
Retention is the name given to the amount of money the employer retains from interim payments as security for the future performance of the...
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6th Dec
Precedents
Snagging 1 The Architect/Contract Administra...
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26th Sep
Precedents
Defects (priority classification) ...
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26th Sep

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