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 […]

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 […]

The Supreme Court recently made its first decision on adjudication in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc. The Court considered what entitlement a party who has been ordered to pay money in an adjudication has […]

It is common for contracting parties to depart from the strict terms of their contract for their own convenience. However, as demonstrated in the recent case of Mears Limited v Shoreline Housing Partnership Limited, adopting alternative arrangements to those set […]

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 […]

Beneficiaries of on demand performance bonds enjoy the security of not being required to prove any loss before demanding payment. However, the two recent Scottish Court of Session cases of East Ayrshire Council v Zurich PLC and South Lanarkshire Council […]

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 […]

The ‘battle of the forms’ often arises in circumstances where parties enter into a contract and both seek to rely on their own standard terms and conditions. In those circumstances, whose terms will prevail? This question arose in the recent […]

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 With effect from that date, the current Construction (Design and Management) Regulations 2007 (“CDM 2007”) are being repealed and will no longer apply.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 […]

Mediation is a way of resolving disputes by appointing a neutral third party mediator to facilitate communication between the parties, with a view to agreeing a settlement. The courts strongly emphasise the importance of trying to resolve disputes in mediation […]