Welcome to our knowledge hub. Here you will find helpful articles and updates which can help you to successfully deliver your project and manage, avoid or resolve your dispute. Check out articles on key topics like how do I get paid, how much do expert witnesses cost, who are the best firms out there and hazardous contractual and legal points to avoid, amongst many others.
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Payment | 07 May 2024
An "application for payment" is a formal request made by a contractor or subcontractor to the employer or main contractor for payment for work done, materials on or off site, or services provided during a specific period. The application for payment is a crucial part of the payment process in construction projects and is often linked to the terms outlined...
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Loss and expense | 07 May 2024
Loss and expense in the context of construction contracts refer to additional costs incurred by the contractor as a result of events or circumstances that are not attributable to the contractor but are covered under the contractual provisions. These additional costs may arise due to delays, disruptions, or changes in the scope of work that impact the contractor's ability to...
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Legislation | 07 May 2024
The Housing Grants, Construction and Regeneration Act 1996 (often referred to as the Construction Act) is a piece of legislation in the United Kingdom that governs payment and adjudication processes in construction contracts. The primary purpose of the Act is to improve the payment procedures in the construction industry and provide a mechanism for the quick resolution of disputes. Key...
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Dispute resolution | 07 May 2024
In the UK, litigation in the context of construction contracts involves resolving disputes through the formal court system. This process is subject to the laws and procedures of the United Kingdom and is typically used when parties cannot reach a resolution through negotiation, mediation, adjudication, or other alternative dispute resolution (ADR) mechanisms. Litigation in construction contracts follows the legal framework...
Read moreDispute resolution | 07 May 2024
Arbitration is a form of alternative dispute resolution (ADR) where parties agree to submit their disputes to an arbitrator or a panel of arbitrators for a binding decision. Arbitration is a private, less formal, and often more flexible process than traditional litigation. It provides a means for parties to resolve their construction-related disagreements outside of the court system. Key features...
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Planning and delay analysis | 07 May 2024
An extension of time (EOT) is a formal adjustment to the contractual completion date. It is a mechanism that allows the contractor to request additional time to complete the construction work beyond the original agreed-upon deadline. The need for an extension of time may arise due to various factors that are recognized as legitimate grounds for delaying the project. Key...
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Contracts | 07 May 2024
Various standard form contracts are commonly used to govern relationships and responsibilities among parties involved in construction projects. These contracts are developed by industry organisations and professional bodies to provide a consistent framework for construction agreements. Here are some of the key standard form contracts used in the UK construction industry: 1. Joint Contracts Tribunal (JCT) Suite: The JCT suite...
Read moreContracts | 07 May 2024
A construction contract is a legally binding agreement between two or more parties outlining the terms and conditions for the planning, design, and construction of a building or infrastructure project. These contracts are crucial in the construction industry, providing a framework for the relationships, obligations, and responsibilities of the various parties involved in a construction project. Sections 104-105 of the...
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Change | 07 May 2024
In the NEC (New Engineering Contract) family of contracts, a compensation event refers to an event or circumstance that has occurred, entitling one of the parties to the contract to compensation for the impact of that event on time, cost, or both. Key points regarding compensation events in construction contracts include: Definition of Compensation Event:In NEC contracts, a compensation event...
Read moreChange | 07 May 2024
A variation, also known as a change order or change directive, refers to any modification, addition, or omission to the original scope of work specified in the contract. Variations can arise for various reasons, including changes in project requirements, design modifications, unforeseen site conditions, or employer-requested alterations to the original specifications. Key points regarding variations in construction contracts include: Nature...
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ADR | 07 May 2024
Mediation is a form of alternative dispute resolution (ADR) where parties involved in a construction dispute seek to resolve their differences through facilitated negotiations with the assistance of a neutral third party called a mediator. Mediation is a voluntary, confidential, and flexible process that aims to help parties find a mutually acceptable resolution to their dispute. Here are key features...
Read moreDispute resolution | 27 March 2024
Adjudication is a statutory and relatively quick dispute resolution process that allows parties to promptly resolve issues related to payments and other disputes during the course of a construction project. Adjudication is mandated in Section 108 of the Housing Grants, Construction and Regeneration Act 1996. Here are key features of adjudication in construction contracts: Statutory Framework:Adjudication is a legal process...
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