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
Construction analysis: The Technology and Construction Court (TCC) dismissed applications for summary judgment, holding that once negotiations include...
The British Standards Institution (BSI) has launched a consultation on the draft ‘PAS 9970:2026, Fire safety in construction.’ The draft is divided...
This week's edition of Construction weekly highlights includes a decision in which the TCC considered whether parties had entered into a binding...
The UK Green Building Council (UKGBC) has launched the Framework for a Nature Positive Built Environment, developed with an expert Task Group of 33...
The Civil Justice Council (CJC) has launched a consultation on the use of artificial intelligence (AI) by legal representatives in the preparation of...
Latest Construction Practice Notes
Institutional versus ad hoc arbitration in construction disputesArbitration can be conducted under either self-administered ad hoc or institutional...
Project bank accounts—standard formsWhat standard forms are available?Although not yet widely used in the private sector, project bank accounts have...
Construction horizon scannerThis horizon scanner, formerly known as the ‘Construction future developments tracker’, identifies key upcoming changes...
ICC Design and Construct Version 2018The Infrastructure Conditions of Contract (ICC) for civil engineering works originated in 1945 as the ICE...
Responsible Actors Scheme—eligibility and membershipThe Responsible Actors Scheme (RAS) is a ‘building industry scheme’ for property developers in...
Latest Construction Precedents
Letter prior to service of statutory demand and/or winding up proceedingsLetter prior to service of statutory demand and/or winding up...
Licence for alterations with works outside the demiseDate [date]Parties1[name of Landlord] [of OR incorporated in England and Wales (company...
Redfern schedule—arbitrationClaimant’s description of documentation requestedClaimant’s position on relevance and materialityRespondent’s response to...
Consultant third party rights memorandum (with optional step-in clauses)—Consultant friendly1Consultant warranties and undertakings1.1The Consultant...
Settlement agreement for construction dispute (long form)This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the...
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
FM Contractor (O&M contractor) (see also Hard FM Contractor and Soft FM Contractor)
The contractor who will be appointed under the facilities management contract with Project Co to carry out services at the completed facilities.
Grubbing
The process of removing tree stumps and roots from the ground, carried out as part of the preparation of the site for before construction commences.
Respondent
The term used to describe the 'Defendant' in adjudication.
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