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Latest Construction News

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

The following Commercial news provides comprehensive and up to date legal information on A return to orthodoxy—Supreme Court decides that accrued liquidated damages remain enforceable after termination (Triple Point v PTT)

Construction weekly highlights—22 July 2021

Construction weekly highlights—22 July 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—22 July 2021

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

TCC grants AA 1996, s 9 stay applying the presumption in favour of ‘one stop adjudication’ in multi-contract scenario (Surrey County Council v Suez Recycling and Recovery Surrey)

Featured Construction content

Scott Schedules in construction disputes

Scott Schedules in construction disputes

Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...

Liquidated damages in construction contracts

Liquidated damages in construction contracts

Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a...

Escrow accounts and escrow agreements

Escrow accounts and escrow agreements

Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...

What is the Joint Fire Code referred to in JCT contracts and when does it apply?

What is the Joint Fire Code referred to in JCT contracts and when does it apply?

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...

Q&As

What is the difference between joint insured, co-insured and composite insured?

What is the difference between joint insured, co-insured and composite insured?In financing and construction documentation for development projects it...
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19th May
Practice notes

Pre-construction services agreements

Pre-construction services agreementsThis Practice Note explores the use of pre-construction services agreements (PCSAs) which are typically used in...
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19th May
Practice notes

Loss and expense

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
tag iconIn-house
Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

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
tag iconScottish Law
Practice notes

Net contribution clauses in construction contracts

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 2017

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
Q&As

What is the relevance of the Base Date in the JCT Design and Build Contract?

What is the relevance of the Base Date in the JCT Design and Build Contract?The Base Date is relevant in respect of a number of clauses in the JCT...
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19th May
Practice notes

Interim payments in construction contracts

Interim payments in construction contractsThis Practice Note provides an overview of what interim payments are, how the right to be paid (usually by...
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19th May
Practice notes

NEC Professional Service Contract

NEC Professional Service ContractThe NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite...
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19th May
tag iconIn-house
Practice notes

Sectional completion

Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...
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19th May
Practice notes

Force majeure in construction contracts

Force majeure in construction contractsWhat is force majeure?Force majeure is used to describe an event that occurs which is beyond the control of the...
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19th May
tag iconCOVID-19 tag iconIn-house
Practice notes

'Pay when paid' and 'paid when certified' clauses

'Pay when paid' and 'paid when certified' clausesThis Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction...
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Produced in partnership with Womble Bond Dickinson 19th May
Practice notes

MF/2 Rev 2 (1999)

MF/2 Rev 2 (1999)'MF/2' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the...
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19th May
Practice notes

JCT contracts 2011—reference copies

JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...
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19th May
tag iconIn-house
Practice notes

Pricing structures in construction contracts

Pricing structures in construction contractsThis Practice Note compares the pricing structures most commonly used in construction contracts. It...
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19th May
Practice notes

Introduction to the HGCRA 1996

Introduction to the HGCRA 1996The need for legislation in the construction industryThroughout the 1980s and the early 1990s, the construction industry...
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19th May

Most recent Design content

Practice notes

NEC contracts—design

NEC contracts—designSome suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility...
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21st Jul
Practice notes

Negotiating a building contract—design issues

Negotiating a building contract—design issuesThis Practice Note is a negotiation guide, looking at some of the most common issues that arise in...
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8th Jul
Practice notes

Design liability in construction contracts

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
Practice notes

Fitness for purpose in construction contracts

Fitness for purpose in construction contractsA contractor or consultants’ standard of care in relation to design is a common source of disagreement...
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21st Jun
Precedents

Copyright licence in a construction project

Copyright licence in a construction projectThis Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party...
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10th Jun
Q&As

If a building plot with planning permission is purchased, is there an inherent right to build according to the plans and specifications of the planning permission or would such use constitute infringement of the design rights and copyright in the plans? If permission is required, how and from whom can permission be sought?

If a building plot with planning permission is purchased, is there an inherent right to build according to the plans and specifications of the...
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Produced in partnership with Joshua Marshall of Fieldfisher 5th Jun
Q&As

In relation to copyright clauses within collateral warranties, what is meant by ‘Such licence shall entitle the Beneficiary to use and reproduce the Copyright Materials for an extension but such use shall not include a licence to reproduce the designs contained in them for any such extension’?

In relation to copyright clauses within collateral warranties, what is meant by ‘Such licence shall entitle the Beneficiary to use and reproduce the...
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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 that proves to be defective?

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

Under the standard JCT D&B contract, is there a duty on the contractor to integrate its works with the existing works/structure? For example, if existing works cause a fault in the contractor's works, is there a duty to integrate which means that the contractor is liable?

Under the standard JCT D&B contract, is there a duty on the contractor to integrate its works with the existing works/structure? For example, if...
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5th Jun
Q&As

Should a contractor accept a fitness for purpose obligation?

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

Can you delete professional indemnity provisions in a collateral warranty where the contractor has not undertaken any design work?

Can you delete professional indemnity provisions in a warranty'>collateral warranty where the contractor has not undertaken any design work?A...
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Produced in partnership with David Sawtell of 39 Essex Chambers 5th Jun
Q&As

What is the extent of the design obligation in the JCT Design and Build Contract? Is the Contractor required to carry out the design with reasonable skill and care or is it required to guarantee the result?

What is the extent of the design obligation in the JCT Design and Build Contract? Is the Contractor required to carry out the design with reasonable...
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5th Jun
Q&As

Should an employer insist that a consultant exercises ‘all’ reasonable skill and care? Does the inclusion of ‘all’ impose a higher duty of care?

Should an employer insist that a consultant exercises ‘all’ reasonable skill and care? Does the inclusion of ‘all’ impose a higher duty of care? Under...
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5th Jun
Q&As

What is a design responsibility matrix?

What is a design responsibility matrix?A design responsibility matrix is a tool used in construction projects to allocate responsibility for the...
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5th Jun
Q&As

What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment?

What does it mean when a party waives or asserts its ‘moral rights’ in a building contract or consultant appointment?Moral rights in intellectual...
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5th Jun
Practice notes

BREEAM key requirements

BREEAM key requirementsWhat is BREEAM?The Building Research Establishment’s Environmental Assessment Methodology (BREEAM) is a method for evaluating...
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Produced in partnership with Author of the WSP Group 5th Jun
Practice notes

Responsibility for Employer's Requirements

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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5th Jun
Practice notes

FIDIC contracts 2017—design

FIDIC contracts 2017—designThis Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver...
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5th Jun
Practice notes

Standard of care—consultant appointments

Standard of care—consultant appointmentsReasonable skill and careUnder its appointment, a consultant has a contractual duty of care and, alongside...
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5th Jun
Practice notes

Copyright in a consultant's appointment

Copyright in a consultant's appointmentThe question of who owns intellectual property in the designs, drawings, specifications etc, created in...
Read More >
5th Jun

Popular documents

Report on title—long form

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code

Robbery

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,