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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.

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Latest Construction Q&As

Q&As
Tenants may become members/shareholders of a management company that is responsible for the repairing and other covenants under occupational leases in a residential block, having been party to those leases, but the management company itself does not hold a legal interest in the building. Is this scenario covered by the Building Safety Act? It would seem in this scenario that the tenants cannot claim the benefit of caps (ie, it cannot be a ‘relevant building’) given the management company's role but I can't find any authority for this. If it is a relevant building then the management company presumably has to provide the landlord's certificate but how if it is not the landlord?
Q&As
Do you have any information on the implications of building over a building line?
Q&As
Do you have a Precedent for use in a development sale contract for the assignment of copyright in the planning application plans by the buyer to the seller so that the seller can build the development if the buyer does not complete after planning permission is granted?
Q&As
Does a parish council (not being an eligible council under the Localism Act 2011) have the power, when agreeing to transfer council property to a developer, to secure deferred consideration by a taking a legal charge over the property?
Q&As
A landowner is selling self-build serviced plots on a multi-unit site. The landowner will not be responsible for construction of the units. The construction will be undertaken by a third party building contractor under a separate agreement from the plot sale agreement. The buyer of each plot will be required under the plot sale agreement to enter into a building contract on or before completion of the plot sale to ensure consistency of development across the site. Will SDLT be due on the payments under the building contract as well as under the plot sale agreement?
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Associated legal terms

Global claim

A global claim is one where a contractor has suffered loss caused by two or more different events which are employer risk events, but a contractor is unable or unwilling to identify the loss or delay caused by each individual event. Therefore there is one claim for all of the losses arising out of the various events.

NEC

New Engineering Contract (NEC) is an industry standard form devised by the NEC group which produces a standard form of contract known as the NEC 3 for the most recent editions.

Schedule of services

A schedule usually contained in a consultant’s appointment or pre-construction services agreement and which sets out, in detail, all the services to be performed by the consultant or contractor under the relevant agreement.
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