When the Housing Grants, Construction and Regeneration Act 1996 was amended in October 2011, one of the key changes was that disputes arising under oral contracts could be referred to adjudication. Whilst the vast majority of businesses would probably dismiss […]

Design and build contracts often impose a number of different obligations on contractors with regard to the quality of their works. When there are defects, it can be difficult to know how a series of separate obligations should be interpreted; […]

It is common for employers to include clauses in building contracts to the effect that the contractor is not entitled to an extension of time where there is concurrent delay. Until recently, it was not known whether such clauses are […]

It is typical for businesses to include clauses in their standard terms and conditions which limit and/or exclude their liability as far as possible. However, the Unfair Contract Terms Act 1977 (“UCTA”) imposes restrictions on what can and cannot be […]

It is very common for contracts to contain a clause which provides that any variation to the terms of the contract must be agreed by the parties in writing. It is also very common for contracting parties to overlook these […]

Keeping detailed contemporaneous records of, among other things, the work carried out on site is critical for any contractor. Failure to do so can cause many problems, not least of which is the risk of not being paid. In the […]

Successfully incorporating standard terms and conditions into contracts can be a minefield and there is often considerable uncertainty about which party’s terms apply. Once the terms of the contract have been established, there is often the further question of whether […]

2011 brought with it the long awaited amendments to the Housing Grants, Construction and Regeneration Act 1996. One of the most significant changes was that the definition of a “construction contract” was extended to include oral contracts, making it possible […]

Following contractual procedures is not always an easy task. For contractors and employers alike, the complex rules and procedures set out in many standard form construction contracts can be confusing. Mistakes often occur and this can be particularly problematic when […]

It is common for contracting parties to depart from the strict terms of their contract for their own convenience. However, as demonstrated in the recent case of Mears Limited v Shoreline Housing Partnership Limited, adopting alternative arrangements to those set […]