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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...

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...

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’...

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

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

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

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

JCT collateral warranties

A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...

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

FIDIC contracts—introduction to the Yellow Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

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

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

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 Understanding construction content

Practice notes

Construction Glossary—H

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZHard FMFacilities management (FM) contracting is essentially a commercial services contract...

8th Apr

Practice notes

Common claims under construction contracts

The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties....

8th Apr

Practice notes

Introduction to construction disputes—training materials

These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing an introduction to construction...

8th Apr

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...

8th Apr

Practice notes

Construction Glossary—E

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZEarly neutral evaluationEarly neutral evaluation is a form of alternative dispute resolution...

8th Apr

Practice notes

Assignment and novation in construction projects—training materials

These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing a training session on assignment...

8th Apr

Practice notes

Construction Glossary—Y

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Y optionsThese are optional clauses in NEC3/NEC4 contracts (known as secondary options). Option...

8th Apr

Practice notes

Third party interests in construction projects

In a construction project, the contractor’s contractual relationship under the building contract is only with the employer. However, in most...

8th Apr

Practice notes

Construction Glossary—G

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZGC WorksA family of construction contracts issued by the government (by what was then the...

8th Apr

Practice notes

Construction Glossary—V

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZValuationThis normally refers to the process of valuing the work that has been carried out (by a...

8th Apr

Practice notes

Construction Glossary—K

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Key dateThis phrase is sometimes used in a construction contract to describe a date by which an...

8th Apr

Practice notes

Construction contract documents

In most cases, a construction contract will incorporate a number of documents that all work together to set out the obligations and liabilities of the...

8th Apr

Practice notes

Introduction to construction law—training materials

These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing an introduction to construction...

8th Apr

Practice notes

Construction Glossary—O

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

8th Apr

Practice notes

Construction Glossary—Z

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Z clausesThese are bespoke clauses, or amendments to the standard form clauses, added to NEC3/NEC4...

8th Apr

Practice notes

Construction Glossary—U

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZUnforeseen ground conditionsGround conditions which may affect the works (in terms of cost or time)...

8th Apr

Practice notes

Collateral warranties—training materials

These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing a training session on collateral...

8th Apr

Practice notes

Construction Glossary—J

A B C D E F G H I J K L M N O P Q R S T U V W X Y ZJCT contractsThe most popular standard form o...

8th Apr

Practice notes

Construction resources in Lexis®Library

The following key resources accessed through Lexis®Library (subject to subscription) provide useful information for construction...

8th Apr

Practice notes

Construction Glossary—R

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral NoticeOnce a Notice of Adjudication has been given, and a person has been appointed to...

8th Apr