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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

Featured Construction content

Escrow accounts and escrow agreements

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...

What is practical completion?

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....

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...

Practice notes

Section 38 and section 278 Highways Act agreements—contractor’s perspective

This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...

9th Nov

Practice notes

Target cost contracts on construction projects

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’...

9th Nov

Practice notes

Loss and expense

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...

9th Nov

In-house

Practice notes

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...

9th Nov

Practice notes

Schedules of services

This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...

9th Nov

Practice notes

Letters of intent—construction

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...

9th Nov

Practice notes

What is a variation on a construction project?

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...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

NEC and JCT contracts compared

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...

9th Nov

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

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

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

Practice notes

Interim payments in construction contracts

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...

9th Nov

Practice notes

Scott Schedules in construction disputes

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...

Produced in partnership with James Bowling of 4 Pump Court 12th Jan

Practice notes

Benefits and risks of adjudication

Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...

9th Nov

Practice notes

Parties in a construction project

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

9th Nov

Most recent Other construction documents content

Practice notes

Letters of intent—construction

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...

8th Apr

Practice notes

JCT Framework Agreement

The JCT publishes a standard form framework agreement called the JCT Framework Agreement (JCT FA). It was first published in 2005 in both binding and...

8th Apr

Practice notes

Framework agreements in construction—standard forms

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Mr Andrew Millross of Anthony Collins Solicitors 8th Apr

Practice notes

Parent company guarantees (PCGs) in construction

In the construction industry, parent company guarantees (PCGs) are commonly given to the employer by the main contractor’s holding company to...

8th Apr

Practice notes

Amendments to ABI Model Form of Guarantee Bond

IntroductionThe ABI Model Form of Guarantee Bond was first published in 1995 and was updated (in 2002) to incorporate reference to the Contracts...

Produced in partnership with Kennedys 8th Apr

Practice notes

Retention bonds

A retention bond is a particular form of performance bond usually written as an 'on demand' instrument. This Practice Note examines:•the nature of...

Produced in partnership with Kennedys 8th Apr

Practice notes

Framework agreements in construction—call-off procedures

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Andrew Millross of Anthony Collins Solicitors LLP 8th Apr

In-house

Practice notes

Advance payment bonds

An advance payment bond is a particular form of performance bond, invariably written as an 'on demand' instrument. See Practice Notes: Performance...

Produced in partnership with Kennedys 8th Apr

Practice notes

What is two-stage tendering?

This Practice Note explains the 'two-stage tendering' approach commonly used to procure construction projects. Many employers use two-stage tendering...

8th Apr

Practice notes

Pre-construction services agreements

This Practice Note explores the use of pre-construction services agreements (PCSAs) which are typically used in two-stage tendering.Construction...

8th Apr

Practice notes

Parent company guarantees (PCGs) in construction—drafting and negotiation issues

Risk to a parent company of giving a PCGA parent or holding company does not normally carry out trading activities itself but owns assets, including...

8th Apr

Practice notes

Scaffold licences

PurposeA scaffold licence is normally required where a contractor needs to erect scaffolding for the purposes of its works on land belonging to a...

8th Apr

Practice notes

Oversail licences

Why have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space above their land...

8th Apr

Practice notes

On demand performance bonds—construction projects

IntroductionThe purpose of this Practice Note is to:•examine the nature of the on demand performance bond, and•key elements that help identify whether...

Produced in partnership with Kennedys 8th Apr

Precedents

Licence for alterations with works outside the demise

Date [insert date of licence]Parties1[insert name of Landlord] of [insert address][ incorporated in England and Wales with company registration number...

8th Apr

Q&As

Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by the insolvency of a customer?

The Corporate Insolvency and Governance Act 2020 (CIGA 2020) inserted section 233B into the Insolvency Act 1986 (IA 1986) as part of a package of...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 8th Apr

Practice notes

Ground conditions in construction projects

This Practice Note looks at ground conditions in construction and engineering projects. It considers responsibility for them at common law and looks...

Produced in partnership with Tim James Seal 8th Apr

Practice notes

Performance bonds—construction projects

This Practice Note examines the nature of performance bonds, why they are required and where they fit into the suite of documentation commonly...

Produced in partnership with Kennedys 26th Mar

Precedents

Licence for alterations

Date [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is...

22nd Mar

Practice notes

JCT Pre-Construction Services Agreement

The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...

17th Mar