Many disputes in the construction industry are about the quality of the finished project. Did it meet the parties’ explicit and implicit expectations and objectives? To take just a few examples: Should a TV mast have remained standing on Emley Moor, Yorkshire so it could transmit TV signals in snow
Payment has always been a major cause of friction for construction projects – greater transparency and fairness for suppliers was one of the drivers behind the Construction Acts 1996 and 2009. Many construction disputes, especially adjudications, revolve around whether the supplier has been paid what it believes is a ‘fair’
At least one-third of UK construction projects finish late – not against their initial schedule but against the extended one! What this means is that time is less important – or at least less prioritised – than time or money. [You do need to determine which is the client’s key
Your contract is the tool that will enable you/your client to get specialist goods, works or services to meet a particular need. You/your client will want to know what goods, works or services the supplier is providing, that it is competent to provide them, and that those works will help
Recording the identity of the parties accurately in your subcontract is the easiest part of writing your contract. It really doesn’t matter who they are. In English law you are free to contract with just about anyone (as long as they have legal capacity). For building contracts (full or letter
Although it was over 200 pages (with 30 pages of defined terms), given that it had been through 21 iterations and redrafts, you would have thought the lawyers would have ironed out all the wrinkles and resolved any drafting issues… or not! A contract relating to joint ventures and letters
The City of London Law Society Standard Form of Letter of Intent combines four distinct categories: a record of the current state of negotiations on the intended ‘full’ contract a fall-back position if the full contract is never signed financial limits on the payer’s liability, and a simple contract for
If your contractual relationship starts to deterioriate and it feels like a dispute is brewing, you may be able to rely on your contract. A good contract will provide a clear roadmap for how you can resolve any niggles, rows or disputes, while trying to keep your relationship from failing
Although not common in the construction sector, contractual jargon which regularly confuses users is an ‘endeavours’ obligation. Like reasonable skill and care, this is an input standard – often subjective, qualified and tricky to prove. But what is the difference between best endeavours and reasonable endeavours? A spectrum of inputs
In a 2022 case concerning a £154m energy from waste EPC (engineer, procure, construct) project the court had to review the relevant contemporaneous evidence and key legal documents. The court noted that the EPC contract and its schedules run to 7,259 pages. The Outotec subcontract is less complex at 564