We often advise main contractors on their sub-contracts, either their standard Ts&Cs or agreements for specific projects, and one of the perennial problems is cascading liabilities down the chain. The industry has had a problem for decades with...
Construction and Engineering
It’s not news that most design expertise in the building industry lies not with main contractors but with consultants and specialist sub-contractors. Often the expertise is such that the main contractor does little except procure and co-ordinate the...
Today the fourth tower of the Sagrada Familia, Gaudi’s iconic cathedral in Barcelona, was completed. It’s a mere 141 years since the building of the cathedral started, which puts the delayed (and, also as of today) partly cancelled HS2 into...
In the complex world of construction and engineering, where projects are often intricate and subject to evolving circumstances, the importance of well-drafted contracts cannot be overstated. One crucial aspect of these contracts is the inclusion of no oral...
Whilst many projects are a single building constructed in one hit, there are times when a phased approach is essential. It may be a question of land availability, or building to suit an incoming tenant, or it may be that the facility needs to remain...
In a recent landmark decision, the Court of Appeal delivered its judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 , addressing a complex web of legal issues involving negligence claims, construction law and legislative interpretation....
Construction News recently reported on the theft of tens of thousands of pounds-worth of materials and tools taken in one night from a site in Nottingham. Whilst theft on that scale is relatively unusual, the loss of goods, materials and, in particular, hand...
Welcome to the final instalment of our four-part series. In this edition, we shed light on the complex terrain of fluctuation provisions within JCT contracts, exploring how they can help mitigate the impact of price volatility, while also highlighting...
In the construction and engineering sectors, letters of intent are used all the time. The idea of them is to get a project going – either to allow for the procurement of long lead-time items, or to start design, or to hold a tender price – before...
This is the third instalment of our four-part series, where we examine the alterations brought by JCT 2024 contracts to the realm of construction. In this edition, we shed light on the evolution of dispute resolution mechanisms, aiming to provide a balanced...
Welcome back to the second instalment of our series, where we delve into the significant changes that JCT 2024 contracts are bringing to the table. In this edition, we'll shine a spotlight on a pivotal modification centred around extensions of time...
The Joint Contracts Tribunal (JCT) has recently announced the release of its next edition of contracts, JCT 2024, at the annual Construction Industry Parliamentary Reception in the House of Commons. JCT 2016, the current suite of contracts, has been widely...
Engineering and construction project success is based on three factors: time; cost; and quality – the classic project management triangle. One of the most important decisions companies starting work on their new or refurbished facilities have to make...
The new NEC4 Engineering and Construction Subcontract (ECSC) is a widely used contract framework in the construction industry. Its clauses provide a structured approach to managing various aspects of a project. One such important addition in the NEC4 ECSC is...
The Building Safety Act included provisions for the mandatory registration of all buildings inspectors, both Registered Building Inspectors (local authority inspectors) and Registered Building Control Approvers (private sector consultants). The Act was very...
It is normal practice for construction and engineering contracts to allow the client to keep a percentage of each interim payment as a retention. The retention is intended to be used against the client’s losses in the event that the contract defaults....
Construction News has reported that a total of 112 construction companies have gone into administration so far this year. This affects not only those companies, their employees, and their supply chains, but also their clients, whose projects will be delayed...
Draft Regulations have this week been published in respect of the Responsible Actors Scheme – the industry scheme for residential developers arising out of the Building Safety Act 2022. Aim of the scheme Like the Act itself, the purpose of...
Performance bonds and/or PCGs are often required of the contractor in building and engineering projects as a means of securing the purchaser’s position, and limiting their losses, in the event of the contractor’s default. But what’s the...
The JCT standard forms of building contracts have a very simplistic approach to programmes: there’s a start date and an end date, and that’s it. How the contractor wants to do thing in between is up to them provided that...
The Building Safety Pledge The Building Safety Act allowed the government to set up building industry schemes for developers. The idea of the schemes was to get developers and construction products manufacturers to pay for remedial works to buildings...
All of the standard and model forms of building and engineering contracts contain provisions for advance payments, and for many years they have been little used, but with the continuing materials price rises developers and contractors alike are both turning...
It can make sense for companies to join forces in development projects, with each contributing their expertise, sharing the workload, or allowing to take on jointly projects larger than they could do alone. Whatever the reason, the question is always: what...
Framework agreements sound scary: central Government behemoths for massive projects tying both sides into 25-year deals with Key Performance Indicators, Service Level Agreements and severe penalties. They don’t need to be like that, and probably...
One of the most important pieces of legislation to come out of the Grenfell fire, the new Fires Safety (England) Regulations 2022, comes into force on 23 January 2023. Under the new Regulations, a responsible person – usually a managing agent or...