The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of consultants (designers and non-designers), sub-contractors and funders) and provides an introduction to their roles and their relationships with one another, including the contracts that are entered into between them.
For an illustration of the way a development project may be structured and the contractual nexus between the parties involved, see: Structure of a development project—diagram.
The employer (who may be referred to alternatively as the client or the developer) is the party for whom the construction works are to be carried out. The employer is often, but not always, the party who owns the site upon which the works are to be constructed.
The employer will typically appoint a professional team, comprising various consultants, to help it to develop a project brief and produce designs etc in preparation for inviting contractors to tender for the job. The first to be appointed will typically be the architect. The employer will enter into an appointment with each of the consultants that it engages—see: Consultants on construction projects—overview.
Following a tender process, the employer will select a contractor who will carry out the building works—the professional team will typically assist the employer with the process of selecting a contractor and give advice on the form of building contract that the
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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