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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
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 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
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
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
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
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 SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 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
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
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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9th Nov
Practice notes
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge...
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Produced in partnership with James Bowling of 4 Pump Court 12th Jan
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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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 Design content

Practice notes
What are prohibited or deleterious materials?Most building contracts, sub-contracts, consultants’ appointments and collateral warranties will include...
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8th 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
This Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) and considers fitness of...
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8th Apr
Practice notes
This Practice Note considers the obligations in relation to design in the JCT suite of contracts—primarily the Design and Build Contract (D&B) and the...
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8th Apr
Practice notes
This Practice Note is a negotiation guide, looking at some of the most common issues that arise in relation to design in the drafting and negotiation...
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8th Apr
Practice notes
The question of who owns intellectual property in the designs, drawings, specifications etc created in relation to a construction project is very...
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8th Apr
Practice notes
Reasonable skill and careUnder its appointment, a consultant has a contractual duty of care and, alongside that, a duty of care in tort. The standard...
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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
Some suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility for designing, as...
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8th Apr
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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8th Apr
Practice notes
A contractor or consultants’ standard of care in relation to design is a common source of disagreement between the parties to a construction project....
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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
ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note looks at the purpose and function of the RIBA Plan of Work...
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19th 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
Practice notes
The question of who owns intellectual property in the designs, drawings, specifications etc, created in relation to a construction project is very...
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10th Mar
Practice notes
What is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating and certifying the...
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Produced in partnership with Author of the WSP Group 9th Mar
Practice notes
IntroductionThis Practice Note examines design under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010....
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Produced in partnership with Mayer Brown 5th Mar
Q&As
Moral rights in intellectual property provisionsIntellectual property is an important issue in relation to construction projects. The parties that own...
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15th Feb
Q&As
Under section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) a consultant (as a professional) providing services must do so with...
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15th Feb
Q&As
A warranty'>collateral warranty is an agreement that is ancillary to the primary contract. The purpose of a collateral warranty is to ensure that a...
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Produced in partnership with David Sawtell of 39 Essex Chambers 15th Feb

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