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 Ministry of Housing, Communities and Local Government (MHCLG) has published updated versions of Approved Document B (fire safety), covering both...
Construction analysis: In this article, we look back on the key developments in construction law that emerged in the later months 2024, and look ahead...
The Ministry of Housing, Communities and Local Government (MHCLG) has published the findings of its first annual survey on local authority planning...
The Welsh Government has published the response to its October 2023 consultation on proposed amendments to Part B (Fire Safety) of the Building...
This week's edition of Construction weekly highlights includes the announcement of closure plans for the Grenfell Tower Inquiry, a case in which the...
Latest Construction Practice Notes
Assignment in construction contractsThis Practice Note looks at why assignment of rights is an important issue in construction and when parties might...
JCT contracts—designThis Practice Note considers the obligations in relation to design in the JCT suite of contracts—primarily the Design and Build...
Force majeure in construction contractsWhat is force majeure?Force majeure is used to describe an event that occurs which is beyond the control of the...
Building and Fire Safety—the position in England, Scotland and WalesThis Practice Note sets out the differing positions on building and fire safety in...
Choosing an expertThis Practice Note should be read in conjunction with:•Practice Notes: Expert evidence—general considerations, Applying for...
Latest Construction Precedents
Advice to clients—what is adjudication?What is adjudication?You have asked us to summarise what adjudication is and how the adjudication process...
Letter of instruction for expert in construction disputeNote:•this Practice Note gives specific guidance on matters proceeding in the Technology and...
Scott Schedule—defectsNo.DefectTerm of contract BreachedRemedial costDefendant’s responseJudge’s comments1Serious corrosion appearing...
Schedule of Amendments to JCT Constructing Excellence Contract 2024The Contract comprises the completed Constructing Excellence Contract 2024 Edition...
Interest on late payment clause1Interest on late paymentIf either party fails to make payment in accordance with this Agreement the other party shall...
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...
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...
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...
Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?
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...
Build Operate Transfer (BOT) contracts
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 resolution
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Liquidated damages in construction contracts
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 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...
Provisional sums
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...
What is the difference between termination, determination and a voided contract?
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...
The final account in construction and engineering contracts
The final account in construction and engineering contractsWhat is the final account?The expression 'final account' refers to the consolidated...
Fluctuations in construction contracts
Fluctuations in construction contractsWhat are fluctuations?Fluctuations provisions are clauses in construction contracts that allow the contract sum...
Breach of natural justice in adjudication
Breach of natural justice in adjudicationProduced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of...
New home warranties
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 contracts
Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
Associated legal terms
Code of Measuring Practice
A guide for surveyors and valuers which provides detailed, precise definitions to assist surveyors/valuers with the accurate measurement of buildings/land, the calculation of the sizes (areas and volumes) and the accurate (and consistent) description or specification of land/buildings. It is published by the RICS.
Early neutral evaluation
Early neutral evaluation is a form of alternative dispute resolution whereby the parties invite a neutral third party to give an opinion on the merits of the case or particular aspects of the case. The evaluator will generally be a lawyer or an expert in the field.
Guaranteed maximum price
Where the contractor agrees a figure as a ceiling for the contract sum. The contract may also provide for savings to be shared between the employer and the contractor as an incentive to control costs.
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