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Latest Construction News

When is a collateral warranty not a construction contract? (Toppan Holdings v Simply Construct)

The following Construction news provides comprehensive and up to date legal information on When is a collateral warranty not a construction contract? (Toppan Holdings v Simply Construct)

Admissibility of expert evidence in procurement challenges ( R (on the application of Good Law Project Ltd) v Minister for the Cabinet Office)

The following Construction news provides comprehensive and up to date legal information on Admissibility of expert evidence in procurement challenges ( R (on the application of Good Law Project Ltd) v Minister for the Cabinet Office)

The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

The following Construction news provides comprehensive and up to date legal information on The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—29 July 2021

Featured Construction content

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...

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...

Traditional procurement of construction contracts

Traditional procurement of construction contractsThis Practice Note provides a basic explanation of traditional procurement in construction. It looks...

Concession contracts—materials and resources

Concession contracts—materials and resourcesA concession is a form of public private partnership (PPP). It is a long term contractual arrangement...

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...

19th May

Practice notes

Schedules of services

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

19th May

Practice notes

NEC and JCT contracts compared

NEC and JCT contracts comparedThis Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a...

19th May

Practice notes

Target cost contracts on construction projects

Target cost contracts on construction projectsWhat is a target cost contract?A target cost contract is a type of cost reimbursable contract under...

19th May

Practice notes

Oversail licences

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

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...

19th May

In-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)...

Produced in partnership with MacRoberts LLP 19th May

Scottish 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...

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...

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...

19th May

In-house

Practice notes

The Scheme for Construction Contracts

The Scheme for Construction Contracts This Practice Note looks at the Scheme for Construction Contracts, as contained in:•the schedule to the Scheme...

19th May

Practice notes

Extensions of time under construction contracts

Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...

19th May

COVID-19

In-house

Practice notes

Negligence in construction

Negligence in constructionWhile tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not...

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...

19th May

COVID-19

In-house

Practice notes

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

Section 38 and section 278 Highways Act agreements—contractor’s perspectiveThis Practice Note examines agreements entered into under sections 38 and...

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...

19th May

Most recent Q&As content

Q&As

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the Construction Contracts (England and Wales) Exclusion Order, SI 1998/648. SI 1998/648 provides that a contract is a development agreement if it provides for the grant or disposal of a relevant interest in the land on which the construction operations take place (SI 1998/648, reg 6). Would a forward funding agreement (where there is a separate sale and purchase contract with the fund) fall within the development agreement exception, even if it contains no obligations on the developer as to letting of units?

The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the...

3rd Aug

Q&As

Are there any penalties or risks where a contracting authority publishes an inaccurate (or poorly drafted) contract award notice under the Utilities Contracts Regulations? Can, or should, a poorly drafted contract award notice be withdrawn, amended and resubmitted to the EU Publications Office?

Are there any penalties or risks where a contracting authority publishes an inaccurate (or poorly drafted) contract award notice under the Utilities...

Produced in partnership with Brendan Ryan of Pinsent Masons 3rd Aug

Q&As

Can an employer who has served a notice of termination in relation to material breaches on a contractor, which turned out to be insufficient to properly terminate under the contract, then rely upon the notice as acceptance of repudiatory breach and therefore termination of the contract at common law? Did the employer waive its right to claim common law termination in that it was clear the contractual mechanism for termination was intended to be used?

Can an employer who has served a notice of termination in relation to material breaches on a contractor, which turned out to be insufficient to...

3rd Aug

Q&As

Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?

Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the...

Produced in partnership with Kate Andrews of Hamlins 1st Aug

Q&As

Is there a financial limit of cover under a new home warranty and if so, what is that limit?

Is there a financial limit of cover under a new home warranty and if so, what is that limit?A new home warranty is, in effect, an insurance policy...

1st Aug

Q&As

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of the frequency and nature of inspections? Is there any particular point at which a project must be referred to the relevant local authority for enforcement against breach of building control?

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of...

1st Aug

Q&As

If a winning bidder withdraws from a public procurement exercise following the contract award decision, must the contracting authority proceed with the procurement (awarding the contract to the next-placed bidder), or can it discontinue and re-tender?

If a winning bidder withdraws from a public procurement exercise following the contract award decision, must the contracting authority proceed with...

1st Aug

Q&As

Does a parish council (not being an eligible council under the Localism Act 2011) have the power, when agreeing to transfer council property to a developer, to secure deferred consideration by a taking a legal charge over the property?

Does a parish council (not being an eligible council under the Localism Act 2011) have the power, when agreeing to transfer council property to a...

1st Aug

Q&As

What is retained EU law?

What is retained EU law?Retained EU law is a legal concept describing EU-derived legislation, rights and principles the UK plans to preserve in UK law...

Produced in partnership with Mathias Cheung of Atkin Chambers 1st Aug

Brexit

Q&As

What is the impact of a no-deal Brexit on public procurement?

What is the impact of a no-deal Brexit on public procurement?In conducting our research we have focussed on public procurement under the Public...

1st Aug

Brexit

Q&As

What are the key features of a Brexit SI?

What are the key features of a Brexit SI?As part of the UK’s domestic preparation for Brexit, the government is introducing a range of primary and...

1st Aug

Brexit

Q&As

In the context of Brexit, what is meant by the ‘transition or implementation period’?

In the context of Brexit, what is meant by the ‘transition or implementation period’?The term ‘transition or implementation period’ is used in the...

1st Aug

Brexit

Q&As

Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc Act 1996? When does the counting begin and conclude for this period—for example, does service of the award take place on posting or actual receipt of the award? If the period expires on a weekend, what day (and time of day) must the appeal be lodged?

Where a party wall award is received by post, what is the period in which a party can lodge their appeal under section 10(17) of the Party Wall etc...

Produced in partnership with Alexander Campbell of Field Court Chambers 1st Aug

Q&As

Where can I find the EU financial thresholds relating to public procurement and how often are they revised?

Where can I find the EU financial thresholds relating to public procurement and how often are they revised?The EU Procurement Directives provide that...

1st Aug

Q&As

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?

Is there a general, implied or common law obligation on a bidder in a tender exercise to act in good faith or with candour when submitting a bid?In...

1st Aug

Q&As

What guidance is available for handling tied bids in public procurement?

What guidance is available for handling tied bids in public procurement?The answer to this Q&A relates to an above threshold procurement exercise...

Produced in partnership with Fergus Randolph QC of Brick Court Chambers 1st Aug

Q&As

What common law rules apply to party or mesne fences, given they are not covered under the Party Wall etc Act 1996? Deeds often state that maintenance and repair is the joint responsibility of both owners, but what steps are required if a dispute arises as to whether the fence should be changed in any manner?

What common law rules apply to party or mesne fences, given they are not covered under the Party Wall etc Act 1996? Deeds often state that maintenance...

1st Aug

Q&As

What are the rules on referring to brands within technical specifications in the context of a public procurement exercise for equipment installation and associated works?

What are the rules on referring to brands within technical specifications in the context of a public procurement exercise for equipment installation...

Produced in partnership with Denis Edwards of Normanton Chambers 1st Aug

Q&As

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a standstill letter to that bidder?

If a bidder’s tender has been rejected (and reasons provided at the point of rejection), does the contracting authority still have to send a...

1st Aug

Q&As

Do you have any information on the implications of building over a building line?

Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...

1st Aug

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Q&As

View Construction by content type:

Latest Construction News

When is a collateral warranty not a construction contract? (Toppan Holdings v Simply Construct)

Admissibility of expert evidence in procurement challenges ( R (on the application of Good Law Project Ltd) v Minister for the Cabinet Office)

The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

Featured Construction content

Defects liability period and rectification of defects

Liquidated damages in construction contracts

Traditional procurement of construction contracts

Concession contracts—materials and resources

Most recent Q&As content

Popular documents

Admissibility of hearsay evidence in criminal proceedings

Issue of redeemable shares

Nuisance—establishing a claim for private nuisance

Public inquiry procedure

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