This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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...
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
The JCT Pre-Construction Services Agreement was launched in 2008. A revised edition was published in 2011 to incorporate the amendments to the Housing...
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...
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...
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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...
In an agreement for lease which provides for construction works to be carried out, an obligation for the landlord to procure collateral warranties (or...
On every construction project which requires external funding, the lender will appoint its own team of lawyers to draft and/or negotiate the various...
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...
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...
Choosing a structureUnless promoted by a single entity (whether or not with mortgage funding) many developments take place through collaboration. This...
Insuring the developer’s worksAs between the developer and the tenant, the developer should covenant:•to ensure that the developer’s works are insured...
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,...
This Practice Note:•discusses the development of the large scale private rented sector (PRS)•considers the Government’s incentive package for Build to...