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
This week's edition of Construction weekly highlights includes a decision of the Technology and Construction Court (TCC) in a case brought against a...
Construction analysis: Dominic Sinnott of Gowling WLG considers how Artificial Intelligence (AI) is rapidly emerging as one of the most transformative...
The government has published a package of amendments to its Planning and Infrastructure Bill, to be debated at report stage in the House of Lords from...
This week's edition of Construction weekly highlights includes a Mayor’s and City of London Court decision staying summary enforcement of an...
The Office for Product Safety and Standards (OPSS), the UK’s national product regulator within the Department for Business and Trade, has initiated...
Latest Construction Practice Notes
Construction horizon scannerThis horizon scanner, formerly known as the ‘Construction future developments tracker’, identifies key upcoming changes...
Building Safety Act 2022—key provisions and issuesThe government introduced the Building Safety Bill (the Bill) to Parliament in July 2021, intending...
Net zero carbon buildings—law and policyWhat is a net zero carbon building?In April 2019, the UK Green Building Council (UKGBC) published Net Zero...
Facilities Management—contractual structureThe basis of an FM contractWhen entering into a facilities management (FM) contract there is a lot to...
NEC contracts—interpreting the list of compensation events (clause 60)This Practice Note examines and provides commentary on the list of compensation...
Latest Construction Precedents
NEC4 PSC—Form of Agreement and Z clausesAgreement in relation to [insert brief details of the works/project] at [insert address of works]...
JCT Standard Building Sub-Contract 2024—Form of Agreement and AmendmentsAgreement in relation to [insert brief details of the works/project] at...
JCT Standard Building Sub-Contract with sub–contractor’s design 2024—Form of Agreement and AmendmentsAgreement in relation to [insert brief details of...
Pre-contract/tender stage confidentiality agreement[insert address of recipient] Date: [insert date] Dear [insert name of prospective/proposed...
Early access licenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales (company registration number [number]) whose...
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
Liquidated and ascertained damages (LADs or LDs)
An agreed rate of damages to be paid by the contractor to the employer in the event of a particular breach of contract—most commonly delay to the completion of the works. Other types of LADs include performance LADs and target internal area LADs. The agreed rate for delay LADs is usually a rate per day or week of delay and starts from the date for completion.
Partnering
A principle used in major construction projects by which the parties subscribe to the principle of working together as if partners.
Step in rights
Rights for a third party, most commonly a funder, to step in to a contract and take over a development in order to complete it if the employer becomes insolvent or is otherwise in default. Usually contained in a collateral warranty.
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