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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

When is an Oral Construction Contract Formed?

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 […]

Read More

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 […]

Read More