The Construction Plant Hire Association Model Conditions for the Hiring of Plant (“CPA Model Conditions”) 2001 have been updated to reflect changes in legislation and industry practice. The 2011 version of the CPA Model Conditions seeks to dispel previous ambiguities […]

Can contracting parties choose to alter the legal limitation period for bringing claims under their contract? What are the consequences of failing to bring a claim within the time limit? The law imposes a “limitation period” on all types of […]

Is a clause which allows one party to the contract to nominate the adjudicator valid? Successfully challenging an adjudicator’s decision as a result of a breach of natural justice. Sprunt Limited v London Borough of Camden Bias in Adjudication is […]

Can an employer who benefits from a performance bond provided by a contractor ever be prevented from claiming on the bond? As the number of construction companies becoming insolvent shows no sign of reducing, it has never been more important […]

What are your contractual rights when adverse weather delays your works? How can you maximise your entitlement to additional time and cost? It is almost inevitable that adverse weather conditions will affect the progress of construction projects during the winter. […]

What has changed? How do standard terms deal with retention in light of the new Construction Act? What are the bespoke amendments relating to retention? How to recover retention monies due What has changed? The traditional position in most Sub-Contracts […]

We will be holding our Construction and Contract Law Update Seminars on 20 & 21 March, 24 & 26 April and 1 & 3 May 2012 at various locations around the country. The seminars will focus on the key construction […]

On 1 October 2011, the Construction Act 1996 was amended by the provisions of the Local Democracy, Economic Development and Construction Act 2009, introducing significant changes to payment, suspension and adjudication. The amended Construction Act now applies to all new […]

We are pleased to announce that Hawkswell Kilvington has been given another excellent ranking by the leading legal directory Chambers and Partners. Chambers and Partners 2012 Edition reports that Hawkswell Kilvington has been commended by clients for its “can-do attitude” and “clear […]

If terms and conditions are not attached to a purchase order, can they still be incorporated into the contract? The issue of the ‘battle of the forms’ arises frequently in construction disputes. Typically, each party will have attempted to impose […]