Construction contracts allocate risk and liability between the parties involved in a construction project. A party accepting a risk may choose (or may be contractually required) to cover its liability with insurance. As well as protecting the party that takes […]

Defective construction work is often more than one party’s fault. English law allows the employer to pursue any or all of the parties responsible for a defect, regardless of the extent to which they contributed to it. If the employer […]

5 Key Tips to Avoid the Pitfalls of Termination The recent case of Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd highlights the problems a party can face when exercising its right to terminate. Terminating a contract is risky – […]

What sanction will the courts impose? Failure by contractors to provide performance security documents and collateral warranties is a common concern for employers. The recent case of Liberty Mercian Ltd v Cuddy Civil Engineering Ltd and Cuddy Demolition and Dismantling […]

We often come across situations where contractors have made mistakes when entering into sub-contracts and ended up exposed to serious problems. Sub-contracting is inherently risky and getting sub-contracts right is crucial. In this article, we explain 6 top tips anyone […]

Will the Court Correct a Mistake? Following on from our recent article “Contracts: Who are you contracting with? Is it the right company? What’s in a name?”, which highlighted the perils of incorrectly naming a contracting party in the contract, […]

In the recent case of Westshield Civil Engineering Limited and Westshield Limited v Buckingham Group Contracting Limited the Court ruled on the enforcement of an adjudicator’s decision as to the identity of the relevant parties to a sub-contract. Background Buckingham […]

In the recent case of Parkwood Leisure Limited v Laing O’Rouke Wales and West Limited, the Technology and Construction Court had to consider whether a collateral warranty could constitute a ‘construction contract’ for the purpose of section 104 of the […]

With their popular ethos of flexibility, simplicity and clarity, NEC3 contracts are featuring more and more on construction projects around the UK. However, for the most part, NEC3 contracts are not as comprehensively written as other standard forms of construction […]

In the recent case of Elvanite Full Circle Limited v AMEC Earth & Environment (UK) Limited, Elvanite sued AMEC for loss of profit on a failed property development transaction, but was unable to recover damages because AMEC had limited its […]