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
The Supreme Court has unanimously allowed the appeal in RTI Ltd (Respondent) v MUR Shipping BV (Appellant) [2024] UKSC 18, holding that the...
Construction analysis: On 15 May 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Minor Works Building Contract, Minor...
The Construction Leadership Council (CLC) has announced that nine ‘household names’ have signed up to the C02nstruct Zero campaign. The C02nstruct...
The Courts and Tribunals Judiciary (CTJ) has published the Technology and Construction Court’s (TCC) annual report for the period between 1 October...
The Joint Contracts Tribunal (JCT) has published user checklists for the 2024 versions of the JCT Minor Works (MW) and Minor Works with contractor’s...
Latest Construction Practice Notes
Construction insurance—overlap between the works and existing buildingsWork in or adjacent to other buildingsA contract for insurance may cover damage...
Non-negligent insuranceWhat is non-negligent damage?If damage is caused to neighbouring property by the contractor’s negligence or breach of contract,...
Interim payments in construction contractsThis Practice Note provides an overview of what interim payments are, how the right to be paid (usually by...
FCPA—who it applies to and what it prohibits (US)What is the FCPA and what does it prohibit?The Foreign and Corrupt Practices Act (FCPA) was enacted...
Design and build insurance for the construction industryWhat is design and build?At its simplest, design and build (D&B):•is a project delivery system...
Latest Construction Precedents
Development management agreementdate [date]Parties1[name of the Company] [of OR incorporated in England and Wales with company registration number...
Step-in rights clause1Funder’s step-in rights1.1[In this clause 1, the term Fundermeans any lending institution to whom the Owner charges its interest...
Property development agreementDate [date]Parties1[name of Owner] [of OR incorporated in England and Wales with company registration number [number]...
Negative Acknowledgement of Party Structure NoticeTo [insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The...
Forward funding agreementDate [date]Parties1[name of Fund] [of OR incorporated in England and Wales with company registration number [number] whose...
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...
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...
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...
Where a builder working on property A causes damage to a neighbouring property, who is liable to the neighbour for that damage, the employer (who owns property A) or the builder?
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...
Build Operate Transfer (BOT) contracts
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 resolution
Differences between adjudication and other forms of dispute resolutionThis Practice Note identifies some of the key differences between adjudication...
Liquidated damages in construction contracts
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 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...
Provisional sums
Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an...
What is the difference between termination, determination and a voided contract?
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...
The final account in construction and engineering contracts
The final account in construction and engineering contractsWhat is the final account?The expression 'final account' refers to the consolidated...
Fluctuations in construction contracts
Fluctuations in construction contractsWhat are fluctuations?Fluctuations provisions are clauses in construction contracts that allow the contract sum...
Breach of natural justice in adjudication
Breach of natural justice in adjudicationProduced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of...
New home warranties
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 contracts
Extensions of time under construction contractsThis Practice Note examines the circumstances in which a construction contract might entitle a...
Associated legal terms
Infrastructure Conditions of Contract (ICC)
A suite of contracts which is the successor to the ICE Conditions of Contract, and is published by the Association for Consultancy & Engineering and the Civil Engineering Contractors Association.
M and E
Mechanical and Electrical works.
Section 38 agreement
An agreement under section 38 of the Highways Act 1980, whereby a road that has been constructed (or is to be constructed) becomes a highway maintainable at the public expense.
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