When are adjudication proceedings deemed to commence? Many JCT contracts include a clause which provides that the final certificate constitutes conclusive evidence that all sums due to the Contractor have been paid unless proceedings challenging the content of the certificate […]

We are delighted to announce that Hawkswell Kilvington has been shortlisted for the National Boutique Firm of the Year award at The Lawyer Awards 2014. The Lawyer Awards are widely recognised as a celebration of excellence within the legal profession, […]

Construction contracts allocate risk and liability between the parties involved in a construction project. A party accepting a risk may choose (or may be contractually required) to cover its liability with insurance. As well as protecting the party that takes […]

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 […]

It is common practice in construction contracts to include a provision that enables the employer to deduct liquidated damages from the contractor in the event of certain specified breaches, the most common of which is failure to complete the works […]

5 Key Tips to Avoid the Pitfalls of Termination The recent case of Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd highlights the problems a party can face when exercising its right to terminate. Terminating a contract is risky – […]

What sanction will the courts impose? Failure by contractors to provide performance security documents and collateral warranties is a common concern for employers. The recent case of Liberty Mercian Ltd v Cuddy Civil Engineering Ltd and Cuddy Demolition and Dismantling […]

We often come across situations where contractors have made mistakes when entering into sub-contracts and ended up exposed to serious problems. Sub-contracting is inherently risky and getting sub-contracts right is crucial. In this article, we explain 6 top tips anyone […]

Traditionally, if you incurred legal costs in an adjudication, you could not recover those costs from the other party, even if your claim was successful.  With the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) silent on the […]

Will the Court Correct a Mistake? Following on from our recent article “Contracts: Who are you contracting with? Is it the right company? What’s in a name?”, which highlighted the perils of incorrectly naming a contracting party in the contract, […]