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.
Construction analysis: The Court of Session (Outer House) held that the pursuer's pleadings were insufficient to support a claim for transferred loss...
The Chartered Institute of Arbitrators (CIArb) has announced a global survey aimed at improving the effectiveness of party-appointed expert witness...
The Department for Business and Trade (DBT) has launched a consultation, seeking stakeholder feedback to inform the development of its upcoming steel...
Commercial analysis: The Court of Appeal has delivered its verdict on the effect of a clause excluding liability for loss of ‘anticipated profits’ in...
The Cabinet Office has reissued several Procurement Policy Notes (PPNs) ahead of the Procurement Act 2023 (PA 2023) ‘go-live’. These PPNs update the...
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
UK public procurement case trackerThe UK public procurement case tracker records and summarises the most recent UK case law developments relating to...
FIDIC 2017 and NEC4 contracts comparedThis Practice Note contrasts and compares key features of the FIDIC 2017 and NEC4 contracts. It focuses on the...
FIDIC contracts 2017—dispute resolutionThis Practice Note considers the dispute resolution procedure in the FIDIC Red, Yellow and Silver Books 2017....
FIDIC 1999 and NEC4 contracts comparedThis Practice Note contrasts and compares key features of the FIDIC 1999 and NEC4 contracts. It focuses on the...
Special Conditions: MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant 2014 edition...
Generic short form of construction sub-contractSub-contract agreement[Name of main contractor] (the Main Contractor), Company number: [insert Main...
Generic short form building contractAgreement[Name of employer] (the Employer), Company number: [insert Employer’s company number][Address of...
Construction Pre-Action Protocol letter of claim—variation disputeNote:•this Practice Note gives specific guidance on matters proceeding in the...
Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013)Special...
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 agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
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) contractsThe Public Private Partnership (PPP) models are a popular way for governments to involve private investment,...
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
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 contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...
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 contractsWhat is the final account?The expression 'final account' refers to the consolidated...
Fluctuations in construction contractsWhat are fluctuations?Fluctuations provisions are clauses in construction contracts that allow the contract sum...
Breach of natural justice in adjudicationProduced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of...
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 contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
Also known as 'hot-tubbing'. This is where both parties’ experts give their evidence together in the form of a discussion chaired by the judge. The judge puts the same questions to each expert in turn, rather than each expert being examined and cross-examined sequentially. Counsel can ask questions as well as the judge and experts can also challenge one another on their views.
The professional body for chartered surveyors, and a nominating body for adjudicators and arbitrators.
Where part of the works are sub-contracted by the contractor, to be carried out by a sub-contractor. See subtopic: Sub-contracts in construction.