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
This week's edition of Construction weekly highlights includes a case in which the Outer House of the Court of Session considered whether an...
The Department for Business, Innovation, Science and Trade (DBIST) has announced measures to protect consumers from rogue builders and strengthen the...
Construction analysis: The Outer House of the Court of Session enforced an adjudicator’s award of £113,767 in favour of the pursuer, Entexol. Lord...
This week's edition of Construction weekly highlights includes analysis of a Technology and Construction Court (TCC) decision on jurisdictional and...
The Scottish Government has published its June 2026 progress update on implementing the Grenfell Tower Inquiry Phase 2 recommendations. The update...
Latest Construction Practice Notes
Purpose of environmental searches and investigationsEnvironmental investigations are carried out for several reasons. The cost, detail and scope of an...
This Practice Note provides a practical framework for approaching disputes over the correct construction of a contract. It is based upon the...
This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation...
Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) creates the specific offence of corporate manslaughter. The CMCHA...
The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD)...
Latest Construction Precedents
Note: this Precedent is a claimant Part 36 offer letter; it does not cover CPR 36 provisions that relate specifically to fixed costs cases. For...
The Contract comprises the completed Design and Build Contract for use in Scotland 2016 Edition published by the SBCC subject to the following...
Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Intermediate...
[Address/headed paper of responding party][Date][Address of adjudicator]Dear [insert name of adjudicator]In the matter of an adjudication between...
1Sub-Contractor warranties and undertakings1.1The Sub-Contractor warrants that:1.1.1the Sub-Contractor has observed and performed and shall continue...
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
Activity schedule
List of activities the contractor expects to carry out in completing the works.
CDM co-ordinator
Under the Construction (Design and Management) Regulations 2007, SI 2007/320, which dealt with all aspects of health and safety on construction projects, a CDM co-ordinator was required to be appointed to carry out various tasks and assist the client or employer to comply with the regulations. The 2007 regulations were replaced in April 2015 by the Construction (Design and Management) Regulations 2015, SI 2015/51, which abolished the role of the CDM co-ordinator (save for projects the subject of transitional provisions), introducing, in its place, the role of principal designer.
Pre-Action Protocol for the Construction and Engineering Disputes
A series of steps which should be undertaken when a dispute arises before litigation is commenced, unless agreed otherwise. Applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors).
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