Reviewing Contracts – 10 Key Clauses to Look Out For

As the challenging economic conditions continue to cause problems for the construction industry, construction contracts are becoming increasingly complex and onerous. In this article, we identify 10 of the most important clauses to look out for when reviewing a prospective […]

Read More

Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability

Does a Project Manager owe a duty to ensure the building contract is executed? Can you deduct LADs if the building contract has not been signed? Can you limit your liability to much less than the amount you are insured […]

Read More

Loss & Expense, Conditions Precedent and Global Claims

The recent case of Walter Lilly & Company Limited v Mackay and DMW Developments Limited is an extremely important judgment which clarifies the legal position on some of the most frequently disputed issues in the construction industry, namely: concurrent delay; […]

Read More

Extensions of Time and Concurrent Delay

The recent case of Walter Lilly & Company Limited v Mackay and DMW Developments Limited is an extremely important judgment which clarifies the legal position on some of the most frequently disputed issues in the construction industry, namely: concurrent delay; […]

Read More

Termination of Construction Contracts

From a legal perspective, choosing to terminate a construction contract can be an extremely risky course of action. Terminating parties often make basic mistakes which can lead to costly disputes. In this bulletin, we outline some of the key points […]

Read More

Letters of Intent – 5 Key Questions

Do you understand the legal implications of entering into a Letter of Intent? Letters of Intent (“LOI”) are commonly used within the construction industry to enable works to commence before detailed contract terms are agreed. Whilst LOIs can be beneficial, […]

Read More

Best Endeavours & Reasonable Endeavours – What Do They Mean?

In the construction industry, it is very common to see clauses in contracts which require a contracting party to exercise “best endeavours” or “reasonable endeavours” to ensure that a particular objective is achieved. These clauses describe the amount of effort […]

Read More

Practical Completion – What Does It Mean?

The concept of “practical completion” is a frequent source of dispute on construction projects. Parties often disagree about what the term “practical completion” means and whether or not practical completion has been achieved. What does it mean? One of the […]

Read More

The New Edition of the CPA Model Conditions for the Hiring of Plant – What Has Changed?

The Construction Plant Hire Association Model Conditions for the Hiring of Plant (“CPA Model Conditions”) 2001 have been updated to reflect changes in legislation and industry practice. The 2011 version of the CPA Model Conditions seeks to dispel previous ambiguities […]

Read More

Limitation Periods – When Is It Too Late To Claim?

Can contracting parties choose to alter the legal limitation period for bringing claims under their contract? What are the consequences of failing to bring a claim within the time limit? The law imposes a “limitation period” on all types of […]

Read More