The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document and the approach of standard form contracts to the programme.
The programme is an important document in any construction project. It assists the contractor to organise the project and plan the execution of the works. It also helps the employer and contract administrator to monitor progress, measure the contractor’s performance and assess delay.
In general, unless the construction contract states otherwise, the contractor can programme the works and carry them out in such order as it sees fit and the employer has little influence over the sequencing and activities. In GLC v Cleveland Bridge and Engineering (1984) 34 BLR 50 (not available in LexisNexis®) the court stated that the contractor is usually entitled to 'plan and perform the work as he pleases, provided always that he finishes it by the time fixed in the contract'.
Without specific provision in the contract, an employer will have no means of redress if the contractor does not progress the works at a reasonable rate. In Leander Construction v Mulalley, the court refused to imply a term into a sub-contract that the sub-contractor was to proceed regularly and diligently with its works. To counter this, some of the
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.