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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...

Time at large in construction contracts

This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...

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...

Practice notes

Differences between adjudication and other forms of dispute resolution

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert...

Produced in partnership with 4 Pump Court 9th Nov

Practice notes

Target cost contracts on construction projects

What is a target cost contract?A target cost contract is a type of cost reimbursable contract under which the contractor is paid the ‘actual cost’...

9th Nov

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

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

What is a variation on a construction project?

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...

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

'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 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

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 9th Nov

Practice notes

Design liability in construction contracts

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...

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

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 Sep

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 28th Sep

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...

28th Sep

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...

28th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

26th Sep

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...

25th Sep

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...

25th Sep