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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
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
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
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...
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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
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
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
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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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
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 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 Q&As content

Q&As
Section 233B of the Insolvency Act 1986 (IA 1986) was inserted by the Corporate Insolvency and Governance Act 2020. IA 1986, s 233B(3) provides that...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 3rd Mar
Q&As
The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct...
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2nd Mar
Q&As
Decennial insurance is insurance that can be taken out by those responsible for the design and construction of buildings to cover the costs associated...
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Produced in partnership with Charles Russell Speechlys LLP 26th Feb
Q&As
Cyprus is part of the EU.The process of effecting service of documents between EU Member States is governed by the process of service rules set out in...
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24th Feb
Q&As
The first thing to bear in mind is that courts are updating their processes and guidance, sometimes daily at present, so you should check with the...
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Produced in partnership with Christopher Adams of Partner  Gosschalks 24th Feb
Q&As
CPR PD 51U indeed only makes provisions regarding photocopies at CPR PD 51U, para 13. This provision is silent on photocopying charges for inspection,...
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24th Feb
Q&As
STOP PRESS: this Q&A is based on the first edition of the pre-action protocol (in force until 8 November 2016). For a comparison of the two editions...
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24th Feb
Q&As
This answer reflects the position as matters stand at 30 November 2020.The position until 31 December 2020The rules regarding the service of a claim...
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Produced in partnership with Belinda McRae of Twenty Essex 17th Feb
Q&As
For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to general trade...
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16th Feb
Q&As
For the purposes of this Q&A we have focused on the matters directly relevant to World Trade Organization (WTO) rules as they relate to trade in goods...
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16th Feb
Q&As
An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take...
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15th Feb
Q&As
The JCT contracts use the phrase ‘direct loss and/or expense’ in various clauses—see for example clause 4.19 of the Design and Build Contract 2016,...
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15th Feb
Q&As
To ascertain whether the HGCRA 1996 applies to a surveyor's appointment, it must be determined whether the surveying work the surveyor is engaged to...
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15th Feb
Q&As
As set out in paragraph 1 of the Practice Direction Pre-Action Conduct and Protocols, the purpose of the Protocols regime under the Civil Procedure...
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Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb
Q&As
Single point liability (also commonly referred to as ‘single point responsibility’) means that the contractor engaged by the employer in respect of a...
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15th Feb
Q&As
Clause 2.29.2.1 of the JCT Design and Build Contract (DB) 2011/2016 provides that, where a Non-Completion Notice has been issued (due to the...
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15th Feb
Q&As
The standard forms of warranty'>collateral warranty that parties involved in a construction project are most likely to suggest are published by:•JCT...
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15th Feb
Q&As
Various parties will usually have an interest in a construction project, eg tenants of individual units in a shopping centre development, or...
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15th Feb

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