Property transactions due diligence for construction lawyers

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Client’s ‘lost chance’ claim caused no loss above settlement already negotiated with solicitors (Kingsley Napley LLP v Harris)

The following Construction news provides comprehensive and up to date legal information on Client’s ‘lost chance’ claim caused no loss above settlement already negotiated with solicitors (Kingsley Napley LLP v Harris)

Injunctions against calls on bank guarantees and the relevance of emergency arbitration (Shapoorji Pallonji (India) v Yumn Limited (Rwanda))

The following Arbitration news provides comprehensive and up to date legal information on Injunctions against calls on bank guarantees and the relevance of emergency arbitration (Shapoorji Pallonji (India) v Yumn Limited (Rwanda))

Construction weekly highlights—22 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—22 April 2021

Privy Council rules on serious irregularity challenges (RAV Bahamas v Therapy Inc)

The following Arbitration news provides comprehensive and up to date legal information on Privy Council rules on serious irregularity challenges (RAV Bahamas v Therapy Inc)

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...

Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

FIDIC contracts—introduction to the Silver Book 2017

In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...

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,...

Practice notes

Defects liability period and rectification of defects

It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...

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

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

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

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

Breach of natural justice in adjudication

Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...

9th Nov

In-house

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...

9th Nov

Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

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

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

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 Property transactions due diligence for construction lawyers content

Practice notes

The construction due diligence process

This Practice Note looks at the construction due diligence process and how a construction lawyer will be involved where a client is buying a property...

8th Apr

Q&As

What terms and conditions are implied in contracts for the sale of land or real estate?

The general position is that a contract for the sale of land has to be in writing by reason of section 2 of the Law of Property (Miscellaneous...

Produced in partnership with Helen Galley of XXIV Old Buildings 6th Apr

Q&As

Prior to the exchange of contracts, a developer agreed in correspondence marked ‘subject to contract’ to clear rubble and erect a fence. This term, along with several other terms relating to snagging issues (including tiling etc) were not expressly referred to in the contract. Do all terms have to be included in the contract for sale, where eg the developer has failed to clear rubble and erect fence, or is it possible to bring an action against the developer on the basis that this was a collateral contract?

In order for a contract for the sale of property to be valid, it is necessary to comply with the formalities of section 2 of the Law of Property Act...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Apr

Precedents

Report on construction documentation

[insert name of property]Executive summary[insert details]Building contract and related documents1[Design and Build ]Contract—between (1) [insert name...

14th Feb

Q&As

In property sale contracts, is it possible to exclude liability for inadvertent misrepresentation in replies to enquires before contract?

In commercial transactions it is frequently the case that an ‘entire agreement’ clause will be inserted into the contract with the purpose of seeking...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

Where a new property is yet to be constructed at the time of purchase, does the buyer have any consumer rights over defective quality?

See Q&A: What are the potential risks to a buyer of a new-build proper

22nd Jan

Q&As

Do you have a Precedent for use in a development sale contract for the assignment of copyright in the planning application plans by the buyer to the seller so that the seller can build the development if the buyer does not complete after planning permission is granted?

In this Q&A we have limited our research to cover copyright assignments and licences and clauses dealing with copyright assignment and licensing.An...

22nd Jan

Q&As

If a vendor sells a commercial property without obtaining an energy performance certificate, what are the consequences and will the failure amount to a breach of contract leading to a claim for damages if it were found that major remedial work was needed to increase the energy performance of the building?

In most cases, if a vendor wishes to sell their commercial property, they must obtain an energy performance certificate (EPC) before sale although...

Produced in partnership with Helen Galley of XXIV Old Buildings 22nd Jan

Q&As

A buyer completes the purchase of a new build property from a developer. The buyer does not carry out any survey prior to exchange. Following completion the buyer discovers serious defects with the gas, electrical and plumbing system and other items (which it confirms in a building survey). What remedies does the buyer have under purchase contract for these defects?

We have assumed in answering this Q&A that the property was fully constructed at the time of exchange of contracts, is freehold and that there are no...

22nd Jan

Q&As

What are the potential risks to a buyer of a new-build property if the developer does not have National House Building Council or equivalent?

It is a condition of most mortgage applications that a ‘new home’ warranty is in place if you are buying a home that is less than ten years old. Such...

6th Dec

Precedents