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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Can You Recover Adjudication Costs Under the Late Payment of Commercial Debts Act?

When the Late Payment of Commercial Debts (Interest) Act 1998 was amended by the Late Payment of Commercial Debts Regulations 2013, a new right to recover “the reasonable costs of recovering a debt” was introduced. Since then, there has been […]

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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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Can A “Variations Must Be In Writing” Clause Be Overcome By An Oral Agreement?

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 […]

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The Dangers of Poor Record Keeping – Fabricate Timesheets at Your Peril!

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 […]

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Incorporating Standard Terms & Conditions – Beware the Pitfalls

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 […]

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Can An Adjudicator Decide More Than One Dispute At The Same Time?

It is a well-established principle that only one dispute may be referred to an adjudicator in a single adjudication.  However, a question which has not previously come before the courts is whether the same adjudicator may be appointed in two […]

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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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