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: King’s College London (KCL) third report on construction adjudication in the UK, titled ‘2024 Construction Adjudication in the...
This week's edition of Construction weekly highlights includes an announcement by the Construction Leadership Council (CLC) regarding the...
The Construction Leadership Council (CLC) has published a letter to Skills England, emphasising the construction industry’s critical role in promoting...
The Centre of Construction Law and Dispute Resolution at King's College London (KCL) has published its ‘2024 Dispute Boards International Survey’,...
The Department for Energy Security and Net Zero (DESNZ) has announced the signing of contracts for the UK's first carbon capture, usage and storage...
ADR in the Technology and Construction CourtNote:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction...
Standard of care in professional negligence claimsThis Practice Note considers the standard of care in professional negligence claims, originally...
Causation and remoteness in professional negligence claimsIn analysing the causation and remoteness aspects of a professional negligence claim, a good...
Bringing a professional negligence claim based on the duty in contract, tort and equityThis Practice Note considers the different legal bases for...
Insurance obligations in an agreement for leaseIf there is no express provision regarding insurance in an agreement for lease then, under the open...
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane...
Climate Aligned Construction Waste Management (Francis’ Clause) (The Chancery Lane Project)Climate Aligned Construction Waste Management (The Chancery...
Acceleration AgreementDate [insert date of Agreement]Parties1[insert name of Employer] of [insert address] incorporated in England and Wales with...
Schedule of Amendments to SBCC Standard Building Contract With Approximate Quantities for use in Scotland (SBC/AQ/Scot) 2016The Contract comprises the...
Schedule of Amendments to SBCC Standard Building Contract Without Quantities for use in Scotland (SBC/XQ/Scot) 2016The Contract comprises the...
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...
A clause capping liability at the level of professional indemnity insurance cover held.
damages'>Liquidated and ascertained damages (LADs or LDs)
Preliminary stage of tender process whereby contractors are asked to provide certain information (eg qualifications) and answer questions. Often in the form of a questionnaire circulated to and returned to the employer by prospective tenderers. If successful at ‘prequal’ stage, contractors will be invited to submit a tender.