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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
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
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
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
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
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
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
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
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 Coronavirus (COVID-19) content

Practice notes
The impact of Coronavirus (COVID-19) measures on national and local planning services could cause delay in respect of planning applications, publicity...
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12th Apr
Practice notes
This Practice Note looks at the Contractor’s obligations in relation to commencement, progress and completion in the 2017 editions of the FIDIC...
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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
What is force majeure?Force majeure is used to describe an event that occurs which is beyond the control of the parties, and which prevents them from...
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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
This Practice Note examines the circumstances in which a construction contract might entitle a contractor to claim additional time in which to...
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8th Apr
Practice notes
This Practice Note examines some of the key issues affecting construction contracts as a result of the coronavirus (COVID-19) pandemic and how these...
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8th Apr
Practice notes
Claims by contractors for time and/or money are a common feature of construction projects. A claim for time refers to a claim for an extension of time...
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8th Apr
Q&As
Responding to the coronavirus (COVID-19) pandemic is impacting government priorities across Europe and beyond.In light of COVID-19 developments and...
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8th Apr
Q&As
The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The...
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Produced in partnership with XXIV Old Buildings 8th Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
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8th Apr
Q&As
While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
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Produced in partnership with Richard Colbey of Lamb Chambers 8th Apr
Q&As
Many businesses are closing their offices or recommending their staff work from home in an attempt to slow the spread of coronavirus (COVID-19). This...
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8th Apr
Q&As
Is there a force majeure event?In English law, the expression ‘force majeure’ does not refer to a legal doctrine. Instead, the expression ‘force...
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8th Apr
Q&As
There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie...
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Produced in partnership with Richard Nicholas of Browne Jacobson 8th Apr
Practice notes
A construction contract may be discharged, terminated or determined in a number ways. These principally include:•by performance•by...
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Produced in partnership with DAC Beachcroft 7th Apr
Practice notes
This Practice Note examines the position under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. In...
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Produced in partnership with Mayer Brown 5th Mar
Practice notes
This Practice Note considers the Contractor’s obligations in relation to time under the JCT 2011 and 2016 contracts. It looks at commencement of work,...
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23rd Feb

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