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.
This week's edition of Construction weekly highlights includes a case in which the Outer House of the Court of Session considered whether an...
The Ministry of Housing, Communities and Local Government (MHCLG) has published Circular 03/2026, announcing a replacement direction issued by the...
The Department for Business, Innovation, Science and Trade (DBIST) has announced measures to protect consumers from rogue builders and strengthen the...
Construction analysis: The Outer House of the Court of Session enforced an adjudicator’s award of £113,767 in favour of the pursuer, Entexol. Lord...
This week's edition of Construction weekly highlights includes analysis of a Technology and Construction Court (TCC) decision on jurisdictional and...
The UK public procurement case tracker records and summarises the most recent UK case law developments relating to public procurement.For EU case law,...
This Practice Note looks at product liability insurance from the perspective of those engaged in the procurement and completion of construction...
What are conservation areas?Conservation areas are parts of localities designated under the Planning (Listed Buildings and Conservation Areas) Act...
Purpose of environmental searches and investigationsEnvironmental investigations are carried out for several reasons. The cost, detail and scope of an...
This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the...
Note: this Precedent is a claimant Part 36 offer letter; it does not cover CPR 36 provisions that relate specifically to fixed costs cases. For...
The Contract comprises the completed Design and Build Contract for use in Scotland 2016 Edition published by the SBCC subject to the following...
Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Intermediate...
[Address/headed paper of responding party][Date][Address of adjudicator]Dear [insert name of adjudicator]In the matter of an adjudication between...
1Sub-Contractor warranties and undertakings1.1The Sub-Contractor warrants that:1.1.1the Sub-Contractor has observed and performed and shall continue...
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 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 industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
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 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 resolutionThis Practice Note identifies some of the key differences between adjudication...
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 projectsThis Practice Note looks at professional indemnity (PI) insurance in the context of...
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 defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
Retention of payment in construction contractsThe concept of a retention from interim payments is commonplace in commercial construction contracts,...
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 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 contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Sub-contractors' insuranceThis Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties...
Process where, by prior agreement, unresolved disputes are gradually moved up the management structure of each party, until they reach board or director level, in order to resolve the dispute. The obligation to follow this procedure will, in construction contracts, be subject to the parties statutory right to refer a dispute to adjudication at any time.
Defects inherent in the design or construction of a property which are not apparent on inspection.
Introduced by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), the Scheme implies certain provisions relating to adjudication and payment into all construction contracts that are subject to the HCGRA 1996 but which do not comply with its requirements.