About Construction Law
In construction, knowing the law is only part of the challenge. It’s also important to see things from a commercial perspective and understand the connection between the agreements you’re advising on and what happens on the ground – knowing when to push a point or let it go and enabling you to give your clients advice that they can work with. From design to build and beyond.
Issues in construction contracts
Applying statutory requirements when drafting and negotiating construction contracts throws up common problems and disputes. We cover HGCRA 1996 requirements plus other issues lke retention, set off, and escrow.
Construction disputes
In-depth guidance and precedent documents for enforcing and challenging the adjudicator’s decision. From correcting errors under the slip rule, to grounds for a jurisdictional challenge, this is the place to go.
Standard form construction contracts
We publish JCT 2016 contracts and FIDIC contracts, and have related schedules of amendments for key forms. See other schedules of amendments, practice notes, and checklists for forms including NEC, MF/1, ICC.
Commercial perspective
Understand the connection between the agreements you’re advising on and what happens on the ground. Know when to push a point or let it go, and give your clients advice they can work with from design to build and beyond.
Topics We Cover
Latest Construction News
The Department for Energy Security and Net Zero (DESNZ) and the Ministry of Housing, Communities and Local Government (MHCLG) have announced that the...
The Scottish Government has introduced the Building Safety Levy (Scotland) Bill in Parliament. If passed, the Bill will impose a new tax on the...
Dispute Resolution analysis: The case concerns the defendant’s (‘Accor’) application for further security for costs from the claimant (‘Lloyds’); who...
The Scottish Government's Cladding Remediation Directorate has published a progress update on the Cladding Remediation Programme. As of 30 April 2025,...
This week's edition of Construction weekly highlights includes a Supreme Court decision affirming developer’s rights to bring negligence, Defective...
Latest Construction Practice Notes
Building and Fire Safety—the position in England, Scotland and WalesThis Practice Note sets out the differing positions on building and fire safety in...
Building and fire safety—case lawThis Practice Note summarises cases on building and fire safety that have arisen following the Grenfell Tower...
Fire safety developments following the Grenfell Tower fireThis Practice Note sets out key developments in relation to fire safety following the...
Quantum in construction disputes—key casesThis Practice Note sets out some of the key and/or recent cases that deal with heads of losses which are...
Construction horizon scannerThis horizon scanner, formerly known as the ‘Construction future developments tracker’, identifies key upcoming changes...
Latest Construction Precedents
Climate Aligned Construction Waste Management (Francis’ Clause) (The Chancery Lane Project)This Precedent green clause imports climate aligned waste...
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane...
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Adjudication—witness statement for summary judgmentNote:•this Practice Note gives specific guidance on matters proceeding in the Technology and...
Adjudication—witness statement for stay of executionFiled on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number...
Latest Construction Q&As
Featured Construction content
What are preliminaries in a construction contract?
What is a variation on a construction project?
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Time of the essence—construction contracts
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for...
Product liability insurance for the construction industry
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
What is the difference between termination, determination and a voided contract?
Escrow accounts and escrow agreements
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...
Scott Schedules in construction disputes
Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...
Differences between adjudication and other forms of dispute resolution
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Concession contracts—materials and resources
Concession contracts—materials and resourcesA concession is a form of public private partnership (PPP). It is a long term contractual arrangement...
Professional indemnity insurance in construction projects
Professional indemnity insurance in construction projectsThis Practice Note looks at professional indemnity (PI) insurance in the context of...
What is the difference between joint insured, co-insured and composite insured?
Target cost contracts on construction projects
Target cost contracts on construction projectsWhat is a target cost contract?A target cost contract is a type of cost reimbursable contract under...
Defects liability period and rectification of defects
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
Retention of payment in construction contracts
Retention of payment in construction contractsThe concept of a retention from interim payments is commonplace in commercial construction contracts,...
What is practical completion?
What is practical completion?Practical completion marks the end of the construction period of a project, when the works are 'finished' and the...
Quantum in construction claims
Quantum in construction claimsThis Practice Note looks at some of the key considerations that may need to be taken into account when a party to a...
Time at large in construction contracts
Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Sub-contractors' insurance
Sub-contractors' insuranceThis Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties...
Associated legal terms
Health & Safety Executive (HSE)
The statutory body responsible for the enforcement of health and safety legislation and regulations (including the CDM Regulations) on construction sites.
Key date
This phrase is sometimes used in a construction contract to describe a date by which an identifiable step or milestone must be commenced or completed. It is also a defined term in the NEC3/NEC4 contracts (see clause 11.2(9) of the NEC3 Engineering and Construction Contract (ECC) and 11.2(11) NEC4 ECC) and, where used, is specified by the parties in the Contract Data section along with the condition which must be met by the relevant date.
Possession
Possession in a construction context refers to having responsibility for/bearing the risk in the works. The contractor will usually have exclusive possession whilst it is carrying out the works—then at completion'>practical completion the employer takes back possession (and therefore takes on responsibility for insurance).
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