It is quite common for the parties to construction contracts to depart from the payment dates set out in the contract for their own convenience or in the interests of helping each other out. However, this can have unintended consequences […]

Beneficiaries of on demand performance bonds enjoy the security of not being required to prove any loss before demanding payment. However, the two recent Scottish Court of Session cases of East Ayrshire Council v Zurich PLC and South Lanarkshire Council […]

Last month we commented on the “give notice or pay on demand” legacy seemingly established in the case of ISG Construction Limited v Seevic College. This case took a pointed stance on the effect of the failure to serve a […]

The ‘battle of the forms’ often arises in circumstances where parties enter into a contract and both seek to rely on their own standard terms and conditions. In those circumstances, whose terms will prevail? This question arose in the recent […]

The Construction (Design and Management) Regulations 2015 (“CDM 2015”) come into force on 6 April 2015. With effect from that date, the current Construction (Design and Management) Regulations 2007 (“CDM 2007”) are being repealed and will no longer apply. It […]

In the recent case of ISG Construction Ltd v Seevic College the court had to consider whether an employer, who had failed to issue both a Payment and a Pay Less Notice, could ask an adjudicator to assess the value […]

Financial institutions which provide funding for construction projects often appoint a project monitor (also known as a monitoring surveyor) to provide them with independent advice on the project and the risks associated with it. This allows the funder to make […]

Construction and engineering projects are often complex, so it is inevitable that construction and engineering contracts will include a number of different documents setting out the requirements and specifications for the project. These contract documents will often run into hundreds […]

One of the most important issues for contractors to consider when entering into contracts is the level of responsibility they will assume in relation to design. This is a complex issue which has important implications for professional indemnity insurance cover […]

When are adjudication proceedings deemed to commence? Many JCT contracts include a clause which provides that the final certificate constitutes conclusive evidence that all sums due to the Contractor have been paid unless proceedings challenging the content of the certificate […]