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Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The following Commercial news provides comprehensive and up to date legal information on Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

The following Construction news provides comprehensive and up to date legal information on The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—1 April 2021

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...

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....

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

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

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

9th Nov

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

Sectional completion

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

9th Nov

Practice notes

Liquidated damages in construction contracts

This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...

9th Nov

In-house

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

'Pay when paid' and 'paid when certified' clauses

This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...

Produced in partnership with Womble Bond Dickinson 12th Jan

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

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

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 Health and safety content

Practice notes

Health and Safety Executive prosecutions policy

This Practice Note explains the approach taken by the Health and Safety Executive (HSE) to the enforcement of health and safety law in England and...

9th Apr

Practice notes

What happens after an incident on site?

The immediate aftermath of an incidentDepending on the nature of the incident, first thoughts should, of course, be to address any medical...

8th Apr

Practice notes

Health and safety—the need to go above and beyond (2017) 28 7 Cons.Law 21 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 September...

8th Apr

Practice notes

Construction phase—site management and on-site health and safety requirements

In a typical construction project, the main contractor takes responsibility for the site with effect from the date of possession and then remains...

8th Apr

Practice notes

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, SI 2013/1471 (RIDDOR)—general requirements

What is RIDDOR? Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, SI 2013/1471 (RIDDOR) is a regulation which requires employers...

9th Mar

Practice notes

Health and safety requirements—preparing to begin works and setting up the site

Those who control site work must check that working conditions are healthy and safe both before, and as, work begins. This Practice Note concentrates...

Produced in partnership with DLA Piper 26th Feb

Practice notes

Corporate manslaughter—an introductory guide

The specific offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007). The CMCHA 2007...

24th Feb

Q&As

What is the Joint Fire Code referred to in JCT contracts and when does it apply?

The publication known as the ‘Joint Fire Code’ provides guidance on fire prevention on construction sites. It applies to all parties involved in the...

15th Feb

Q&As

Does an economic operator’s conviction for breaches of health and safety regulations constitute a relevant offence for the purposes of mandatory exclusions from a procurement process?

The Public Contract Regulations 2015 (PCR 2015), SI 2015/102, reg 57(1) requires contracting authorities to exclude an economic operator from...

Produced in partnership with Victoria Searle of Browne Jacobson 13th Feb

Q&As

Can a contractor stop a homeowner from accessing their property while it carries out construction works, for health and safety reasons?

The contractor has various health and safety responsibilities on a building site that it needs to be aware of and ensure compliance with. See Practice...

6th Dec

Q&As

Does the landlord or tenant have a statutory obligation to provide a copy of the health and safety file for a property?

The purpose of a health and safety file is to provide information relevant to the works being carried out at the time, but it must also contain...

29th Nov

Health and safety

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Latest Construction News

Can an exclusion clause or liability cap apply to a deliberate or fundamental breach? (Mott MacDonald v Trant Engineering)

The impact of coronavirus (COVID-19) on civil litigation in England and Wales one year on—a solicitor’s perspective

Construction weekly highlights—8 April 2021

Construction weekly highlights—1 April 2021

Featured Construction content

Escrow accounts and escrow agreements

Build Operate Transfer (BOT) contracts

What is practical completion?

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

Most recent Health and safety content

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Escrow accounts and escrow agreements

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