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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.

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Latest Construction Q&As

Q&As
Which way should consideration flow in a variation agreement where one party is exiting the agreement?
Q&As
Where there is good reason to believe that the extent of the searches undertaken are insufficient and inadequately wide enough for the purposes of disclosure and the parties involved, can the claimant ask specific questions of the defendant as to the searches they have undertaken even where that is referenced in their completed List of Documents? To what extent can the disclosure of emails and documents for the purposes of standard disclosure pursuant to CPR 31 be reasonably requested? Are there any other compelling reasons and/or circumstances that the court will have due regard to when considering an application for specific disclosure?
Q&As
Where the wall to a house has been damaged by work carried out by contractors to an adjoining garden wall, who is liable to the house owner for the damage—the owners of the garden wall who employed the contractors or the contractors?
Q&As
Where proceedings have started and a defendant is making a Part 36 offer, is it advisable/acceptable for the offer to be used in conjunction with a settlement agreement? Where there is anticipation that the claimant may issue a further claim that is related to the first, is it acceptable to use a Part 36 offer to offer to settle at a figure that is well in excess of the sum claimed in the first claim in order to settle any potential further claims?
Q&As
Where can I find the UK financial thresholds relating to public procurement and how often are they revised?
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Associated legal terms

Activity schedule

List of activities the contractor expects to carry out in completing the works.

Head contract

This term is used to describe the contract between a contractor and an employer for the entirety of the works, when some of the works are being sub-contracted out by the contractor. It is commonly referred to as the head or main contract, which distinguishes it from the sub-contracts.

Specialist contractor

This expression is generally used to describe a sub-contractor which is responsible for a specialised part of the works, such as groundworks.
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