Reviewing Contracts – 10 Key Clauses to Look Out For

As the challenging economic conditions continue to cause problems for the construction industry, construction contracts are becoming increasingly complex and onerous. In this article, we identify 10 of the most important clauses to look out for when reviewing a prospective […]

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Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability

Does a Project Manager owe a duty to ensure the building contract is executed? Can you deduct LADs if the building contract has not been signed? Can you limit your liability to much less than the amount you are insured […]

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Loss & Expense, Conditions Precedent and Global Claims

The recent case of Walter Lilly & Company Limited v Mackay and DMW Developments Limited is an extremely important judgment which clarifies the legal position on some of the most frequently disputed issues in the construction industry, namely: concurrent delay; […]

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Extensions of Time and Concurrent Delay

The recent case of Walter Lilly & Company Limited v Mackay and DMW Developments Limited is an extremely important judgment which clarifies the legal position on some of the most frequently disputed issues in the construction industry, namely: concurrent delay; […]

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Termination of Construction Contracts

From a legal perspective, choosing to terminate a construction contract can be an extremely risky course of action. Terminating parties often make basic mistakes which can lead to costly disputes. In this bulletin, we outline some of the key points […]

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Hawkswell Kilvington wins Regional Boutique Firm of the Year Award

We are delighted to announce that Hawkswell Kilvington has won the Regional Boutique Firm of the Year Award at The Lawyer Awards 2012. Being chosen from hundreds of entrants to win this highly prestigious award is a wonderful achievement for […]

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Letters of Intent – 5 Key Questions

Do you understand the legal implications of entering into a Letter of Intent? Letters of Intent (“LOI”) are commonly used within the construction industry to enable works to commence before detailed contract terms are agreed. Whilst LOIs can be beneficial, […]

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Best Endeavours & Reasonable Endeavours – What Do They Mean?

In the construction industry, it is very common to see clauses in contracts which require a contracting party to exercise “best endeavours” or “reasonable endeavours” to ensure that a particular objective is achieved. These clauses describe the amount of effort […]

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Practical Completion – What Does It Mean?

The concept of “practical completion” is a frequent source of dispute on construction projects. Parties often disagree about what the term “practical completion” means and whether or not practical completion has been achieved. What does it mean? One of the […]

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Understanding Collateral Warranties

Why do collateral warranties need to be provided? What should you look out for when providing a warranty? The use of collateral warranties has become so widespread that it is now quite rare to see a construction project which does […]

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