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.
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.
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.
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.
The UK Green Building Council (UKGBC) has launched a consultation seeking industry feedback on its draft Nature-Positive Framework Definition for the...
The Office for National Statistics (ONS) has published data showing that total construction output remained flat in Q1 2025, with new work increasing...
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) considered whether to...
The Department for Energy Security and Net Zero (DESNZ) has announced that the Great British Energy (GBE) Bill has passed through Parliament, with...
Dispute Resolution analysis: The claimant filed a claim form at the High Court using the electronic working system, which is governed by CPR PD 51O. ...
Part 36 offers—how to make a valid Part 36 offerThis Practice Note explains what a Part 36 offer must include, who the offer must be made to, the...
WTO—an introductory guideWhat is the World Trade Organization (WTO)?The WTO administers the WTO trade agreements which govern trade between states. It...
How to collate documents in a construction contractThis Practice Note is a ‘how to’ guide on collating all the necessary parts of a construction...
Evidence in adjudicationProduced in association with 4 Pump Court.This Practice Note looks at the types of evidence that may be used in an...
Selection of standard form construction contractsThis Practice Note considers the different forms of construction contract which are available and...
Line of Junction Notice–new wall astride the boundaryTo [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act...
Line of Junction Notice–new wall wholly on your own landTo [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert Date]The Party...
Letter of intent—construction—employer friendlyFrom: [insert name of Employer (the ‘Employer’)]To: [insert name of Contractor (the ‘Contractor’)]Date:...
Letter to successful supplier after end of the standstill periodSTOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023...
Standstill letter to unsuccessful suppliersSTOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force....
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...
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
What is practical completion?Practical completion marks the end of the construction period of a project, when the works are 'finished' and the...
Build Operate Transfer (BOT) contractsThe Public Private Partnership (PPP) models are a popular way for governments to involve private investment,...
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Liquidated damages in construction contractsThis Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a...
Time at large in construction contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...
Scott Schedules in construction disputesScott Schedules are often very useful in construction disputes. They help to identify the key issues between...
The final account in construction and engineering contractsWhat is the final account?The expression 'final account' refers to the consolidated...
Fluctuations in construction contractsWhat are fluctuations?Fluctuations provisions are clauses in construction contracts that allow the contract sum...
Breach of natural justice in adjudicationProduced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of...
New home warrantiesThis Practice Note looks at the principal types of policy or guarantee (other than latent defects insurance) that are currently on...
Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
A term used to describe a way of structuring a property purchase to avoid paying VAT. The effect is to reduce the rate of VAT payable to 0%.
The statutory body responsible for the enforcement of health and safety legislation and regulations (including the CDM Regulations) on construction sites.
These are optional clauses in NEC3/NEC4 contracts (known as secondary options). Option Y(UK)1 covers the use of a project bank account in relation to the works. Option Y(UK)2 ensures that the contract's payment provisions comply with the Housing Grants, Construction and Regeneration Act 1996. Option Y(UK)3 allows a third party to a contract (eg a tenant or purchaser) to enforce terms of the contract in certain circumstances under the Contracts (Rights of Third Parties) Act 1999. See also W options, X options and Z clauses.