What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
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...
CDM Regulations 2015—the health and safety fileUnder the Construction (Design and Management) Regulations 2015 (the ‘Regulations’), the health and safety file (the ‘File’) is a document required for projects involving more than one contractor. Regulation 12(5) of the Regulations provides that the
Section 38 and section 278 Highways Act agreements—contractor’s perspectiveThis Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and, in particular, the contractor’s position in relation to them.The provision
What is a section 104 agreement?A section 104 agreement usually refers to an agreement made pursuant to section 104 of the Water Industry Act 1991 (WAI 1991, s104). Under a section 104 agreement, a landowner and water company/sewerage undertaker agree that after completion of construction of a
How does the Construction Industry Scheme apply to contract administration, and what duties are owed by the contract administrator to the employer in respect of the scheme under JCT?We have assumed in this Q&A that the employer under the JCT Standard Building Contract 2011 and 2016 (SBC) is a
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