The following Construction guidance note provides comprehensive and up to date legal information covering:
The nature of construction projects, the contracts agreed and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note highlights the claims that construction practitioners are likely to encounter most frequently, such as those relating to defects, additional time to complete the works (or claims by employers for late work), variations and payment. Other less common claims that may arise, but are not covered here, include claims relating to copyright infringement, nuisance, trespass and health and safety.
Claims may be made against one or more of the construction team by the employer, during or after a construction project has finished. Common claims, as discussed below, include:
Defects in the works or design errors
Delay to completion of the works
Claims may also be brought against one or more of the construction team by third parties. If, for example, a project is sold after completion, third parties (such as purchasers or tenants) may take an assignment of the benefit of the construction contract, receive a collateral warranty, or obtain third party rights. If defects arise after completion of the works, these third parties might then make a claim against one or more of the construction team under the construction contract or collateral warranties/third party rights. For more information on
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