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Abdul Jinadu
Abdul Jinadu
Barrister
Keating Chambers
Adam Constable
Adam Constable , QC
Keating Chambers
Brenna Conroy
Brenna Conroy
Barrister, Keating Chambers
Keating Chambers
Calum Lamont
Calum Lamont
Keating Chambers
Philip Boulding
Philip Boulding , QC
Keating Chambers
Simon Hughes
Simon Hughes , QC
Keating Chambers
Contributions by Keating Chambers Experts

18

Key considerations at the pre-action stage of a construction dispute
Key considerations at the pre-action stage of a construction dispute
Practice notes

This Practice Note sets out the steps which should be taken at the pre-action stage of a construction dispute and the key considerations. This includes initial information to be gathered and reviewed, preliminary advice to be considered, strategic considerations, witnesses and experts, considering settlement, interim relief and advising on costs.

An employer has served a default notice to terminate a JCT Design & Build 2011 contract on the basis of the contractor's failure to proceed regularly and diligently with the performance of its obligations. If a new issue/ground for termination arises after service of the notice served specifying the default, can the employer use this new issue/ground in their argument for termination?
An employer has served a default notice to terminate a JCT Design & Build 2011 contract on the basis of the contractor's failure to proceed regularly and diligently with the performance of its obligations. If a new issue/ground for termination arises after service of the notice served specifying the default, can the employer use this new issue/ground in their argument for termination?
Q&As

Are you aware of any cases or guidance regarding an independent design checker’s liability when it approves a design and build contractor’s design that proves to be defective?
Are you aware of any cases or guidance regarding an independent design checker’s liability when it approves a design and build contractor’s design that proves to be defective?
Q&As

Can a party correct mistakes in a pay less notice in response to a final account claim?
Can a party correct mistakes in a pay less notice in response to a final account claim?
Q&As

Can a party to a construction contract unilaterally decide to bring court proceedings without first having referred the dispute to adjudication if there is an adjudication provision in the contract?
Can a party to a construction contract unilaterally decide to bring court proceedings without first having referred the dispute to adjudication if there is an adjudication provision in the contract?
Q&As

Can an employer rescind an extension of time it has previously given? What if the contractor has relied on the extension of time?
Can an employer rescind an extension of time it has previously given? What if the contractor has relied on the extension of time?
Q&As

Does the HGCRA 1996 apply to operation and maintenance contracts in respect of power-generating facilities?
Does the HGCRA 1996 apply to operation and maintenance contracts in respect of power-generating facilities?
Q&As

How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?
How does the disclosure pilot scheme (DPS) under CPR PD 51U impact on proceedings in the Technology and Construction Court?
Q&As

If a construction project is under a JCT Intermediate Building Contract with Contractor’s Design 2016, is the employer entitled to withhold all of the retention monies in the event of the contractor’s insolvency?
If a construction project is under a JCT Intermediate Building Contract with Contractor’s Design 2016, is the employer entitled to withhold all of the retention monies in the event of the contractor’s insolvency?
Q&As

If an employer asks a contractor to build something that will not comply with the Building Regulations, is there any duty that can be imposed on that contractor to inform the employer that the build will not comply?
If an employer asks a contractor to build something that will not comply with the Building Regulations, is there any duty that can be imposed on that contractor to inform the employer that the build will not comply?
Q&As

Is a contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?
Is a contractor entitled to an extension of time if construction works are delayed due to the impact of coronavirus (COVID-19)?
Q&As

Is there any guidance on whether a pay less notice can specify a negative sum?
Is there any guidance on whether a pay less notice can specify a negative sum?
Q&As

What amendments to the JCT Design and Build Contract 2011 should be included where the employer is taking out insurance under clause 6.5.1 instead of the contractor?
What amendments to the JCT Design and Build Contract 2011 should be included where the employer is taking out insurance under clause 6.5.1 instead of the contractor?
Q&As

What effect do the errata to the FIDIC 2017 contracts have on contracts that have already been entered into?
What effect do the errata to the FIDIC 2017 contracts have on contracts that have already been entered into?
Q&As

What is the difference between termination, determination and a voided contract?
What is the difference between termination, determination and a voided contract?
Q&As

When claiming interest in an adjudication, when does it run from, eg the date of the breach, the start of the adjudication or the date of the decision?
When claiming interest in an adjudication, when does it run from, eg the date of the breach, the start of the adjudication or the date of the decision?
Q&As

Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?
Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?
Q&As

Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when the contractor is paid and (ii) a long-stop date?
Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when the contractor is paid and (ii) a long-stop date?
Q&As

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