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.
The Department for Energy Security and Net Zero (DESNZ) and the Ministry of Housing, Communities and Local Government (MHCLG) have announced that the...
The Scottish Government has introduced the Building Safety Levy (Scotland) Bill in Parliament. If passed, the Bill will impose a new tax on the...
Dispute Resolution analysis: The case concerns the defendant’s (‘Accor’) application for further security for costs from the claimant (‘Lloyds’); who...
The Scottish Government's Cladding Remediation Directorate has published a progress update on the Cladding Remediation Programme. As of 30 April 2025,...
This week's edition of Construction weekly highlights includes a Supreme Court decision affirming developer’s rights to bring negligence, Defective...
The Bribery Act 2010—an introductory guideThe Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic...
Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
Insurance Act 2015 (IA 2015)—essentialsIntroduction to the Insurance Act 2015The Insurance Act 2015 (IA 2015) received Royal Assent on 12 February...
Building and Fire Safety—the position in England, Scotland and WalesThis Practice Note sets out the differing positions on building and fire safety in...
Building and fire safety—case lawThis Practice Note summarises cases on building and fire safety that have arisen following the Grenfell Tower...
Climate Aligned Construction Waste Management (Francis’ Clause) (The Chancery Lane Project)This Precedent green clause imports climate aligned waste...
Modern Methods of Construction (MMC) and Net Zero Provisions for Construction or Development Agreements (Madhavi’s Clause) (The Chancery Lane...
Precedent instructions or brief to counsel[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert...
Adjudication—witness statement for summary judgmentNote:•this Practice Note gives specific guidance on matters proceeding in the Technology and...
Adjudication—witness statement for stay of executionFiled on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number...
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 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 industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
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 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 resolutionThis Practice Note identifies some of the key differences between adjudication...
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 projectsThis Practice Note looks at professional indemnity (PI) insurance in the context of...
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 defectsIt is common in construction projects for defects to manifest or appear in the works. Most...
Retention of payment in construction contractsThe concept of a retention from interim payments is commonplace in commercial construction contracts,...
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 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 contractsThis Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a...
Sub-contractors' insuranceThis Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers:•difficulties...
The date set out in the building contract (usually in the contract particulars/contract data) for the completion of the works by the contractor—ie when the works are required to achieve practical completion by. The date for completion might be adjusted during the project, for example if the contractor is awarded an extension of time. If the works are not completed by the date for completion, the contractor will be liable to the employer for liquidated damages (if these are specified in the contract) or otherwise general damages for late completion (for breach of contract).
In the JCT form of contract, an event which entitles the contractor to an extension of time in which to complete the works.
The Technology and Construction Bar Association.