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
Law360: A New York federal judge has enforced an approximately US$4m arbitral award relating to a soured Madagascan power plant project, rejecting...
The International Federation of Consulting Engineers (FIDIC) has reported extensive global adoption of its standard form contracts at its December...
Construction analysis: The Technology and Construction Court (TCC) held that a defendant who participated in adjudication proceedings but failed to...
Construction analysis: The Technology and Construction Court (TCC) granted a Part 8 declaration, after applying the restrictive four-stage gateway...
Senedd Research has published analysis of the Building Safety (Wales) Bill, which creates a broader building safety regime than England's Building...
Latest Construction Practice Notes
Construction projects in the defence sectorThis Practice Note provides an overview of construction and engineering projects in the UK defence sector....
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
Permission for nationally significant infrastructure projectsThe Planning Act 2008 (PA 2008) received Royal Assent on 26 November 2008. PA 2008...
Limitation periods in construction contractsThe Limitation Act 1980 (LA 1980) (as amended by the Latent Damage Act 1986 (LDA 1986)) governs the time...
Responsibility for Employer's RequirementsThis Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It...
Latest Construction Precedents
Advice to clients—Net Contribution clausesNet contribution clausesWe want to discuss with you the approach that should be taken in relation to the net...
Schedule of Amendments to JCT Design and Build Contract 2024The Contract comprises the completed Design and Build Contract 2024 Edition published by...
Termination notice—construction contractsTermination notice[To][Date]By [Email, Fax and First Class Pre-Paid Post]Dear [insert name of...
JCT Standard Building Sub-Contract 2024—Form of Agreement and AmendmentsAgreement in relation to [insert brief details of the works/project] at...
Schedule of Amendments to JCT Standard Building Contract With Approximate Quantities 2024The Contract comprises the completed Standard Building...
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
Irrevocable licence
A licence which cannot be revoked or cancelled—for example, a licence to use design documents over which the licensor has intellectual property rights.
Key date
This phrase is sometimes used in a construction contract to describe a date by which an identifiable step or milestone must be commenced or completed. It is also a defined term in the NEC3/NEC4 contracts (see clause 11.2(9) of the NEC3 Engineering and Construction Contract (ECC) and 11.2(11) NEC4 ECC) and, where used, is specified by the parties in the Contract Data section along with the condition which must be met by the relevant date.
Practical completion certificate
A certificate or statement issued pursuant to the building contract by the architect or employer's agent confirming that practical completion has been achieved and the date on which it occurred.
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