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
This week's edition of Construction weekly highlights includes a case in which the Technology and Construction Court (TCC) ruled on the interpretation...
Construction analysis: The Technology and Construction Court (TCC) considered the interpretation of a JCT Design and Build Contract 2016 which...
The Construction Leadership Council (CLC), in collaboration with the Building Safety Regulator (BSR) and other key bodies, has published an advisory...
The Office for National Statistics (ONS) has published data, indicating a 0.2% decrease in construction output for January 2025. This was attributed...
This week's edition of Construction weekly highlights includes an analysis of the Joint Contracts Tribunal (JCT)’s 2024 Management Building Contract...
Latest Construction Practice Notes
When is mediation appropriate for a construction dispute?This Practice Note considers the types of construction dispute that mediation is most suited...
Time and delay damages in energy projectsDespite the development of sophisticated procurement methods, programming and project management software...
The issues of consolidation in construction arbitrationThis Practice Notice looks at how multiple causes of action can be consolidated and dealt with...
Instructing an expert in a construction disputeDue to the nature of construction projects and disputes, it will often be necessary to instruct an...
Energy performance certificates (EPCs)—energy assessor accreditation and energy assessmentsAn energy performance certificate (EPC) gives a property an...
Latest Construction Precedents
Advice to clients—Appropriate contract selectionAppropriate contract selectionWe want to discuss with you the approach that should be taken when...
Deed of novation by contractor’s administratorThis Deed of novation is made on the [insert day] day of [insert month] 20[insert year]Parties1[insert...
Scott Schedule—delayNo.Event relied onDelay experiencedDelayDefendant’s...
Schedule of Amendments to JCT Minor Works Building Contract with contractor’s design 2024Schedule of amendments to the jct minor works building...
JCT Design and Build Sub-Contract 2016—Form of Agreement and AmendmentsAgreement in relation to [insert brief details of the works/project] at [insert...
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
ERs
Employer's requirements
Infrastructure
Infrastructure is a broad term which can encompass a wide range of sectors and types of projects, ranging from schools, hospitals, roads and railway lines to wind, waste and water projects, oil and gas facilities, pipelines and processing plants. These may be domestic UK projects or international projects.
W options
These are the clauses in NEC3/NEC4 contracts concerning resolution'>dispute resolution. One of the two options W1 or W2 must be selected in the NEC3 form. Where the NEC4 form is used, one of the three options W1, W2 or W3 must be selected.
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