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 Mayor’s and City of London Court decision staying summary enforcement of an...
The Office for Product Safety and Standards (OPSS), the UK’s national product regulator within the Department for Business and Trade, has initiated...
The Ministry of Housing, Communities and Local Government (MHCLG) has launched its annual industry survey to assess good practice, constraints and...
The Scottish Government's Cladding Remediation Directorate has published its September 2025 management information for the Cladding Remediation...
The Chartered Institute of Building (CIOB) has published an economic report, ‘Capacity Constraints in Construction: Rethinking the Business...
Construction case law tracker―2025For previous years, see the Construction case law tracker―2024, Construction law case tracker (2021–2023, with cases...
Estoppel by representation and estoppel by conventionThis Practice Note considers estoppel by representation and estoppel by convention (sometimes...
Late Payment of Commercial Debts (Interest) Act 1998The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates...
Minimum energy efficiency standards (MEES)—domestic tenants’ energy efficiency improvementsThis Practice Note considers the minimum energy efficiency...
Using the NEC contracts—basicsThis Practice Note examines how to prepare and, where necessary, amend the NEC contracts. The NEC contracts operate very...
Pre-contract/tender stage confidentiality agreement[insert address of recipient] Date: [insert date] Dear [insert name of prospective/proposed...
Early access licenceDate [date]Parties1[name of Licensor] [of OR incorporated in England and Wales (company registration number [number]) whose...
Redfern schedule—arbitrationClaimant’s description of documentation requestedClaimant’s position on relevance and materialityRespondent’s response to...
On demand performance bond—construction projectSCHEDULEBond Number [insert]Dated:Parties1The Employer: [insert] incorporated in [England and Wales]....
Advice to clients—Net Contribution clausesNet contribution clausesWe want to discuss with you the approach that should be taken in relation to the net...
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...
A method of dispute resolution devised, originally, for use in the construction industry
A schedule used for tendering where exact quantities are unknown or in a lump sum contract for the pricing of variations (where it is sometimes known as a Bill of Quantities). The tenderer gives a unit price for each item of work to be done, as described in the schedule. The unit price is then later multiplied by the actual quantity of such item determined by the remeasurement.
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.