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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
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
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
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
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 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 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 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 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
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
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Payment content

Practice notes
What is estoppel?The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of...
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16th Apr
Practice notes
This Practice Note provides an overview as to how the contract price is calculated in JCT contracts and how it may be adjusted. It also provides...
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16th Apr
Practice notes
The concept of a retention from interim payments is commonplace in commercial construction contracts, particularly standard form ones.What is...
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16th Apr
Practice notes
This Practice Note is about the VAT reverse charge for building and construction work, which has applied since 1 March 2021.The charge was originally...
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Produced in partnership with Martin Scammell 12th Apr
Practice notes
It is vital for parties to follow the correct procedure for making claims under the FIDIC contracts. The consequences of not doing so are severe, and...
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8th Apr
Practice notes
Most companies supplying materials or goods within the construction industry do so using standard written terms and conditions. These terms will...
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8th Apr
Practice notes
This Practice Note looks at the Scheme for Construction Contracts, as contained in:•the schedule to the Scheme for Construction Contracts (England and...
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8th Apr
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 8th Apr
Practice notes
Produced in association with 4 Pump CourtThis Practice Note considers the provisions of the Housing Grants, Construction and Regeneration Act 1996...
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8th Apr
Practice notes
What is an early payment facility?An 'early payment facility' (EPF), or 'supplier finance scheme', is an arrangement set up by a main contractor...
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8th Apr
Practice notes
What are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in...
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8th Apr
Practice notes
It is vital for contractors to follow the correct procedure for making claims for additional costs and/or extensions of time under the FIDIC...
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8th Apr
Practice notes
What standard forms are available?Although not yet widely used in the private sector, project bank accounts have been recommended by the government...
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8th Apr
Practice notes
This Practice Note considers compensation events in the NEC3 and NEC4 contracts, the occurrence of which may entitle the Contractor to additional time...
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8th Apr
Practice notes
This Practice Note examines statutory and contractual rights to suspend performance of obligations under a construction contract, which principally...
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8th Apr
Practice notes
Government initiativesLengthy contractual payment periods and late payment have long been considered to be a problem in the construction industry....
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8th Apr
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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8th Apr
Practice notes
Consultant appointments and the HGCRA 1996‘Construction contracts’ as defined in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA...
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8th Apr
Practice notes
The payment provisions in a building contract will usually provide for the contractor to make applications (although applications are not always...
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8th Apr
Practice notes
What are project bank accounts?Project bank accounts are ring-fenced bank accounts set up for construction projects, where the purpose of the account...
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8th Apr

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