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Practice notes
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...
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Produced in partnership with 4 Pump Court 12th Jan
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
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 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
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
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
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 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
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 Real estate transactions content

Practice notes
Delay in completion of the landlord’s works can be of far greater concern to a tenant than whether the works have been built in accordance with the...
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18th Jan
Practice notes
When a bank or other finance provider decides to provide funding for a construction or development project, it will often appoint a project monitor...
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18th Jan
Practice notes
An agreement for lease is an agreement entered into by a property owner or landlord and a tenant, under which the tenant agrees to enter into a lease...
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18th Jan
Practice notes
In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or...
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18th Jan
Practice notes
This Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on the market to...
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18th Jan
Practice notes
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...
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18th Jan
Practice notes
Procurement structureAs shown in the Development procurement structure—chart the relationship between the third parties with an interest in a...
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18th Jan
Practice notes
Under an agreement for lease which contains development obligations, the tenant’s obligation to take the occupational lease only arises once the...
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18th Jan
Practice notes
The facility agreement is the principal document in the suite of documents which is needed for the provision of finance for a development or...
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18th Jan
Practice notes
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...
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18th Jan
Practice notes
This Practice Note looks at how an agreement for lease with development obligations may require the landlord to remedy defects in the works. It also...
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18th Jan
Practice notes
From a construction lawyer's perspective, whether acting for a developer/landlord or a tenant, one of the key sections of an agreement for lease is...
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18th Jan
Practice notes
What is a facility agreement?Many construction projects, particularly larger ones, require external funding from banks or other lenders to finance...
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18th Jan
Practice notes
When providing finance for any development or construction project, the lender (or funder) and its advisers will use various methods to protect the...
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18th Jan
Practice notes
Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...
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15th Jan
Practice notes
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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15th Jan
Practice notes
If there is no express provision on insurance in the agreement for lease then, under open contract:•neither party is obliged to insure the property,...
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15th Jan
Practice notes
StructureReasons for the contractor to form a JVThere are a number of reasons why a contractor may wish to enter into a JV in relation to a...
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15th Jan
Practice notes
This Practice Note:•discusses the development of the large scale private rented sector (PRS)•considers the Government’s incentive package for Build to...
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15th Jan
Practice notes
Plans, specifications, etcIn most cases, the tenant will apply its own bespoke fit-out to the developer’s finish condition in which the premises is...
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15th Jan

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