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Brexit and public procurement—examining the WTO Government Procurement Agreement (Revisited)

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Featured Construction content

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....

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 12th Jan

Practice notes

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,...

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

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

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

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

'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

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

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 Standard form construction contracts content

Practice notes

Emerald light shines on underground risks (2019) 30 8 Cons.Law 12 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This article appears as originally published in Construction Law on 1 October...

18th Jan

Practice notes

FIDIC contracts (pre-2017 editions)—design

IntroductionThis Practice Note examines design under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010....

Produced in partnership with Mayer Brown International LLP 18th Jan

Practice notes

FIDIC contracts (pre-2017 editions)—variations

This Practice Note examines variations under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. For...

Produced in partnership with Mayer Brown International LLP 18th Jan

Practice notes

NEC contracts—compensation event regime

This Practice Note considers compensation events in the NEC3 and NEC4 contracts, the occurrence of which may entitle the Contractor to additional time...

18th Jan

COVID-19

Practice notes

NEC contracts—dispute resolution

This Practice Note considers the dispute resolution procedure under the NEC3 and NEC4 contracts, including discussions between Senior Representatives,...

18th Jan

Practice notes

JCT contracts—insurance

This Practice Note looks at the insurance provisions in the main forms of JCT contract. It focuses on the Contractor’s liabilities and obligations to...

18th Jan

Practice notes

FIDIC 2017 and NEC4 contracts compared

This Practice Note contrasts and compares key features of the FIDIC 2017 and NEC4 contracts. It focuses on the NEC4 Engineering and Construction...

Produced in partnership with Ashurst 18th Jan

Practice notes

NEC Term Service Contract

What is the NEC Term Service Contract?The NEC Term Service Contract, or TSC, is part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC...

18th Jan

In-house

Practice notes

FIDIC contracts (pre-2017 editions)—performance and testing requirements

This Practice Note examines performance and testing under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book...

Produced in partnership with Mayer Brown International LLP 18th Jan

Practice notes

FIDIC contracts (pre-2017 editions)—time

This Practice Note examines the position under the 1999 editions of the Red, Yellow and Silver Books, the Gold Book 2008 and the Pink Book 2010. In...

Produced in partnership with Mayer Brown International LLP 18th Jan

COVID-19

Practice notes

JCT Public Sector Supplement

The JCT Public Sector Supplement was first published in September 2011, with a revised version published in December 2011 to respond to the amendments...

18th Jan

Practice notes

IChemE Conditions 'Green Book' 4th Edition

Following publication of the Conditions of Contract for Process Plants for Lump Sum Contracts in 1968, the Institute of Chemical Engineers (IChemE) in...

Produced in partnership with Peter Jansen of Keystone Law 18th Jan

Practice notes

NEC contracts—introduction

This Practice Note examines the type of construction projects that the NEC contracts are intended to be used for and the key features of the NEC3 and...

18th Jan

Practice notes

FIDIC 1999 and NEC4 contracts compared

This Practice Note contrasts and compares key features of the FIDIC 1999 and NEC4 contracts. It focuses on the NEC4 Engineering and Construction...

18th Jan

Practice notes

JCT contracts

This Practice Note explains who the JCT are and provides an overview of the most commonly used standard form building contracts that they...

18th Jan

In-house

Practice notes

FIDIC contracts—introduction to the Red Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for Construction 1999, commonly known as the FIDIC Red Book 1999.FIDIC published a new...

Produced in partnership with Victoria Tyson of Corbett & Co 18th Jan

Practice notes

FIDIC contracts 2017—performance and testing requirements

This Practice Note examines the performance and testing provisions of the 2017 editions of the Red, Yellow and Silver Books. It looks at testing...

18th Jan

Practice notes

NEC Professional Service Short Contract

Overview of the NEC Professional Service Short ContractThe NEC Professional Service/Services Short Contract, or PSSC, is part of the NEC3 and NEC4...

18th Jan

Practice notes

JCT contracts—variations

This Practice Note looks at how variations are dealt with under the main forms of JCT contract. For a wider discussion on variations, including...

18th Jan

Practice notes

FIDIC contracts 2017—variations

IntroductionThis Practice Note looks at Variations under the FIDIC Red, Yellow and Silver Books published in 2017 (the 2017 suite). For guidance on...

18th Jan