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 […]

In the recent case of ISG Construction Ltd v Seevic College the court had to consider whether an employer, who had failed to issue both a Payment and a Pay Less Notice, could ask an adjudicator to assess the value […]

The recent case of Eurocom Ltd v Siemens PLC has set alarm bells ringing within the construction industry, particularly with regard to the process of appointing an adjudicator. Background Siemens engaged Eurocom under a subcontract in April 2011 to install […]

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 […]

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 […]

We are delighted to announce that Hawkswell Kilvington has been shortlisted for the Niche Firm award at the Yorkshire Legal Awards 2014. The annual Yorkshire Legal Awards recognise the most successful law firms and best legal talent from across the Yorkshire region. […]

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 […]

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 […]

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 […]

Although the NEC3 suite of contracts is pitched as being simple and easy to understand, the NEC3 compensation event process is detailed, procedurally complex and full of potential traps for unwary Contractors. Properly managing the compensation event process requires considerable […]