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 report by the Building Control Independent Panel (BCIP) recommending major reforms to...
The Scottish Government has published industry guidance on the implementation of Phase 1 of the Compliance Plan Approach (CPA) for High Risk Buildings...
The Scottish Government has published a progress update on implementation of the Grenfell Tower Inquiry Phase 2 recommendations. The update sets out...
The UK Green Building Council (UKGBC) has published a Whole Life Carbon (WLC) Framework to help the built environment sector reduce and manage carbon...
The Welsh Government has published guidance on the information required to be included in annual socially responsible procurement reports under...
Latest Construction Practice Notes
This Practice Note sets out the differing positions on building and fire safety in England, Scotland and Wales for those practitioners engaged in...
This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the...
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ which are frequently used in...
This Practice Note considers the circumstances when a court may allow amendments to a party’s statement of case following a relevant period of...
Latest Construction Precedents
DateParties1[insert name] (Company Registration No. [insert number]) whose registered office is at [insert address] (the "Assignor")2[insert name]...
To [Insert Building Owner]Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs Adjoining Owner[s]...
Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Standard...
Schedule of amendments to the jct intermediate building contract 2024The Contract comprises the completed Intermediate Building Contract 2024...
[ON YOUR LETTERHEAD]Without prejudice save as to costs[Name and address of other party’s solicitor]Dear [insert contact name][Insert subject of...
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...
Time of the essence—construction contracts
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 industry
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
What is the difference between termination, determination and a voided contract?
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...
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...
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...
Concession contracts—materials and resources
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 projects
Professional indemnity insurance in construction projectsThis Practice Note looks at professional indemnity (PI) insurance in the context of...
What is the difference between joint insured, co-insured and composite insured?
Target cost contracts on construction projects
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 defects
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 contracts
Retention of payment in construction contractsThe concept of a retention from interim payments is commonplace in commercial construction contracts,...
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...
Quantum in construction claims
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 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...
Sub-contractors' insurance
Sub-contractors' insuranceThis Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties...
Associated legal terms
Building envelope
The outer shell of a building, which separates the building’s interior from the outside elements. This will therefore usually comprise the roof, outer walls and floor of the building.
Employer
Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.
Time bar
In construction, time bars commonly require a party (often the contractor) to comply with a notice provision within a specified period. If the provision is a condition precedent, the party may lose its entitlement (for example, to an extension of time) if it fails to meet the necessary deadline.
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