The following Construction practice note provides comprehensive and up to date legal information covering:
The following key resources accessed through Lexis®Library (subject to subscription) provide useful information for construction practitioners:
Emden’s Construction Law by Crown Office Chambers—a leading source of authoritative and detailed information on construction law and standard form contracts. In addition, information on superseded contracts is available here
Manual of Construction Agreements (Cockram)—Part A (Law and Practice) provides a comprehensive guide to the law and practice governing construction contracts, with a focus on the major standard form agreements
Halsbury’s Laws of England—a complete narrative statement of the law in England and Wales and the culmination of over 100 years of expertise. See, in particular:
Building (Volume 6)
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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