NEC3: Compensation Events and the Time Bar

It is widely known that the NEC3 compensation event process includes a requirement for compensation events to be notified within a specific timescale, failing which, entitlement to the compensation event in question is lost. However, the important exception to this […]

Read More

The Role of the Project Monitor and the Importance of Checking Vesting Certificates

Financial institutions which provide funding for construction projects often appoint a project monitor (also known as a monitoring surveyor) to provide them with independent advice on the project and the risks associated with it. This allows the funder to make […]

Read More

Design Responsibility – What Have You Signed Up To?

One of the most important issues for contractors to consider when entering into contracts is the level of responsibility they will assume in relation to design. This is a complex issue which has important implications for professional indemnity insurance cover […]

Read More

Net Contribution Clauses – Are They Enforceable?

Defective construction work is often more than one party’s fault. English law allows the employer to pursue any or all of the parties responsible for a defect, regardless of the extent to which they contributed to it. If the employer […]

Read More

Excluding and Limiting Liability – Traps to Look Out For

In the recent case of Elvanite Full Circle Limited v AMEC Earth & Environment (UK) Limited, Elvanite sued AMEC for loss of profit on a failed property development transaction, but was unable to recover damages because AMEC had limited its […]

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

Understanding Collateral Warranties

Why do collateral warranties need to be provided? What should you look out for when providing a warranty? The use of collateral warranties has become so widespread that it is now quite rare to see a construction project which does […]

Read More