The New NEC3 Suite of Contracts – What Has Changed?

In April 2013, an updated version of the entire NEC3 suite of contracts was released as a complete box set. The previous versions of the NEC3 suite of contracts (the June 2005 editions) can no longer be purchased from the […]

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Late Payment under Construction Contracts – what new remedies are available to payees?

The Late Payment of Commercial Debts Regulations 2013 (the “Regulations”) came into force on 16 March 2013. They apply to all commercial contracts, including construction contracts, entered into after this date. The Regulations amend the Late Payment of Commercial Debts […]

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The Problem With Retention And How It Can Be Solved

Recovery of retention is a problematic area for all parties in the contractual chain, with non-payment of retention often being the cause of substantial cash flow problems. With insolvency rates currently at a record high, it is now more important […]

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Contract Formation – 5 Frequently Asked Questions

In the challenging economic times, all parties within construction contractual chains are seeking to keep costs as low as possible in order to maintain profits. The best way for parties to keep themselves protected is by relying on well drafted […]

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Limiting Your Liability – 5 Key Tips

One of the most crucial issues for all contractors, sub-contractors and consultants to consider when entering into contracts is how to limit their liability for losses they cause their employer to suffer. The 5 key issues to consider when limiting […]

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Getting Paid – 10 Common Questions

Securing payment on time is crucial to survival in the construction industry. In this article, we answer 10 common questions about securing payment. 1. What can I do if the final date for payment passes and payment is not made? […]

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Annual Review of 2012

There have been many important and interesting developments in construction law recently. It is essential for everyone who works in the construction industry to maintain a working knowledge of the latest legal changes so that they remain up to date […]

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Exclusion & Limitation of Liability Clauses

Are exclusion and limitation of liability clauses binding? How do you know if this type of clause is reasonable? Clauses in standard terms and conditions which seek to limit or exclude liability for loss are extremely common within the construction […]

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Termination for Repudiatory Breach

What is a repudiatory breach of contract? How do you know if a breach is serious enough to be repudiatory? Contracting parties usually have an implied common law right to terminate the contract which exists alongside their express contractual termination […]

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Battle of the Forms – Whose Standard Terms & Conditions Apply?

The issue of the “battle of the forms” often arises in construction disputes. This is where at the time of entering into a contract, both parties attempt to impose their respective standard terms and conditions. The result is often therefore […]

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