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Construction weekly highlights—15 April 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—15 April 2021

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

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....

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

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

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

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

Negligence in construction

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...

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

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

'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

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

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

The contractor's programme

This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...

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 NEC contracts content

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,...

8th Apr

Practice notes

NEC Supply Contract

Overview of the NEC Supply ContractThe NEC Supply Contract, or ‘SC’, is part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC...

8th Apr

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...

8th Apr

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...

8th Apr

Practice notes

NEC contracts—risk management

The NEC3 and NEC4 contracts encourage an ongoing, proactive approach to the monitoring and management of risks, and anyone administering or working...

8th Apr

Practice notes

NEC4 contracts—what’s changed? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the changes made in the NEC4 standard form...

8th Apr

Practice notes

Construction Law guide to NEC3 (Part 2) (2017) 28 3 Cons.Law 14 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 April 2017...

8th Apr

Practice notes

Construction Law guide to NEC3 (2017) 28 2 Cons.Law 14 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This article appears as originally published in Construction Law on 1 March 2017...

8th Apr

Practice notes

NEC contracts—which form?

This Practice Note is an introduction to the forms of contract in the NEC suites of contracts—NEC3 and NEC4—and looks at the factors that should be...

8th Apr

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...

8th Apr

COVID-19

Practice notes

NEC contracts—Multiparty Collaboration (Option X12)

This Practice Note looks at Option X12 of the NEC3 and NEC4 contracts, entitled ‘Multiparty Collaboration’ in NEC4 and ‘Partnering’ in NEC3. It is one...

8th Apr

Practice notes

NEC Term Service Short Contract

Overview of the NEC Term Service Short ContractThe NEC Term Service Short Contract, or TSSC, is part of the NEC3 and NEC4 suites of contracts (see...

8th Apr

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...

8th Apr

In-house

Practice notes

NEC contracts—design

Some suites of construction contracts include separate forms of contract to be used where the contractor is to take responsibility for designing, as...

8th Apr

Practice notes

NEC3 contracts—April 2013 changes [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. NEC3 2013 editionThe NEC3 contracts are a suite of construction contracts which...

8th Apr

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...

8th Apr

Practice notes

NEC contracts—insurance

This Practice Note considers the allocation of risks and the insurance requirements in the NEC Engineering and Construction Contract (ECC). It...

8th Apr

In-house

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...

8th Apr

Practice notes

NEC contracts—role of the Project Manager

This Practice Note considers the role of the ‘Project Manager’ under the NEC3 and NEC4 contracts. It looks specifically at the provisions of the...

8th Apr

Practice notes

NEC Supply Short Contract

Overview of the NEC Supply Short ContractThe NEC Supply Short Contract, as the name suggests, is a concise form of contract for the supply of goods...

8th Apr

NEC contracts

View Construction by content type:

Latest Construction News

Construction weekly highlights—15 April 2021

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

Featured Construction content

Escrow accounts and escrow agreements

Build Operate Transfer (BOT) contracts

What is practical completion?

FIDIC contracts—introduction to the Silver Book 2017

Most recent NEC contracts content

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Double insurance and contribution

Issue of redeemable shares

What is a certificate of title?

The equity of redemption

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