JCT Minor Works 2016 – What Has Changed?

JCT has now begun publishing the 2016 edition of its construction contracts in a phased roll-out, beginning with the Minor Works Building Contract (MW), the Minor Works Building Contract with contractor’s design (MWD) and the Minor Works Sub-Contract with sub-contractor’s […]

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Payment Schedules – Run Out of Dates and You May Run Out of Payments!

It is a classic scenario; a schedule of interim payment dates is drawn up, but the works continue beyond the last date in the schedule – what is the remedy? The recent case of Grove Developments Ltd v Balfour Beatty […]

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Applications for Payment – The Importance of Getting the Timing Right

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 […]

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Applications for Payment – Get the Dates Right or Risk Losing Out!

It is quite common for the parties to construction contracts to depart from the payment dates set out in the contract for their own convenience or in the interests of helping each other out. However, this can have unintended consequences […]

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A Payment Lifeline For Contractors and Employers Worth Taking Notice Of?

Last month we commented on the “give notice or pay on demand” legacy seemingly established in the case of ISG Construction Limited v Seevic College. This case took a pointed stance on the effect of the failure to serve a […]

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The Construction (Design and Management) Regulations 2015 – Key Changes

The Construction (Design and Management) Regulations 2015 (“CDM 2015”) come into force on 6 April 2015. With effect from that date, the current Construction (Design and Management) Regulations 2007 (“CDM 2007”) are being repealed and will no longer apply. It […]

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Challenging Final Certificates Under JCT

JCT contracts include a “conclusive evidence” clause which provides that the Final Certificate constitutes conclusive evidence that all sums due to the Contractor have been accounted for unless proceedings challenging the content of the Final Certificate are commenced within 28 […]

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Order of Precedence Clauses – Do You Need Them?

Construction and engineering projects are often complex, so it is inevitable that construction and engineering contracts will include a number of different documents setting out the requirements and specifications for the project. These contract documents will often run into hundreds […]

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JCT Contracts – What Is An “Appropriate Deduction” Where The Contractor Is Instructed Not To Remedy Defects?

A number of the most widely used JCT standard forms, including Standard, Design & Build and Intermediate, give the Employer the option of instructing the Contractor not to remedy defects which have arisen during the defects liability/rectification period and instead […]

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Challenging a Final Certificate

When are adjudication proceedings deemed to commence? Many JCT contracts include a clause which provides that the final certificate constitutes conclusive evidence that all sums due to the Contractor have been paid unless proceedings challenging the content of the certificate […]

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