COVID-19 and Future Construction Contracts – How Can You Minimise the Risk?

Whilst no one yet knows the full extent of the potential implications of COVID-19 on the construction industry, it is now inevitable that almost all construction companies are going to be affected in some way. Contractors are likely to be […]

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When is a Contract Formed?

Parties often face tight deadlines and are eager to commence works as soon as possible. As a result, letters of intent are commonly used within the construction industry on the joint understanding that a formal contract will be executed soon […]

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“Smash and Grab” Adjudications – S&T v Grove: The Appeal

In February this year, Coulson J, as he then was, handed down judgment from the Technology and Construction Court (“TCC”) in the case of Grove Developments Limited (“Grove”) v S&T (UK) Limited (“S&T”). His decision threw significant doubt on the […]

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Extensions of Time and Concurrent Delay

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 […]

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Failure to Give Payment Notices and Pay Less Notices on Time

The recent case of Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd (2017) is one of the latest in a long line of disputes about payment applications becoming due automatically in cases where the paying party has failed […]

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Limiting Liability for Delay under JCT

It is common practice in construction and engineering contracts for contracting parties to seek to limit their contractual liability. The recent case of McGee Group Limited v Galliford Try Building Limited concerned a main contractor’s attempt to challenge the scope […]

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Requirements for Valid Payment Applications and Pay Less Notices

There has recently been a wave of disputes between contracting parties about failures to issue payment notices and pay less notices. Paying parties will by now be well aware that failure to serve the correct notices on time can be […]

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The Dangers of Agreeing a Payment Schedule

Earlier this year, the case of Grove Developments Ltd v Balfour Beatty Regional Construction Ltd attracted a lot of attention when it was held by the court that the contractor had no further entitlement to interim payment following expiry of […]

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JCT Design & Build 2016 – What Has Changed? Part Two

JCT has now published the Design and Build Contract 2016 and the Design and Build Sub-Contract 2016. In the second of our bulletins on these new editions, we take a look at more of the key changes that have been […]

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JCT Design & Build 2016 – What Has Changed? Part One

JCT has now published the 2016 edition of the Design and Build Contract together with the Design and Build Sub-Contract Agreement and Conditions. There have been numerous changes to the wording of the contracts and in this first bulletin in […]

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