| 1 | A guide to PLC Finance's guarantees resources A guide to PLC Finance's resources on guarantees, including key practice notes and a list of standard form guarantees and indemnities relating to different types of transactions. | Practice note: overview | Maintained |
| 2 | Assignment and novation of construction documents An overview of the assignment and novation of construction documents, which provides examples of assignment and novation in property development documents. | Practice note: overview | Maintained |
| 3 | Bribery Act 2010: toolkit A toolkit to assist with Bribery Act 2010 compliance. | Practice note: overview | Maintained |
| 4 | Building information modelling (BIM) toolkit A guide to PLC Construction's materials on building information modelling (BIM). | Practice note: overview | Maintained |
| 5 | Charities and construction projects A practice note outlining issues arising when a charity undertakes a construction project. | Practice note: overview | Maintained |
| 6 | Claims arising under a construction contract This practice note considers the types of claims that may arise on construction and engineering projects. These include claims for extensions of time, loss and expense, variations, defective works, liquidated damages and breach of a professional consultants duty of care. | Practice note: overview | Maintained |
| 7 | Claims arising under a construction contract: a quick guide A quick guide to the typical claims that may arise on a construction and engineering project. These include claims a contractor may make (such as loss and expense, extensions of time and for variations) and claims an employer may make (such as for defective work and liquidated damages). For more information on the legal structure of a construction project, see Quick guide, Construction projects: the legal structure. | Practice note: overview | Maintained |
| 8 | Construction Act 1996 changes toolkit PLC Construction publishes a series of materials on payment, adjudication and suspension under a construction contract, highlighting and explaining the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). This toolkit guides users through key new and existing resources. | Practice note: overview | Maintained |
| 9 | Construction bonds: quick guide A quick guide summarising the different forms of bond that may be used on a construction and engineering project, focusing on the practical use of the bond rather than the law affecting bonds and guarantees. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 10 | Construction insurance: quick guide A quick guide summarising the different types of insurance that may be required or maintained in connection with a construction and engineering project, focusing on types of insurance rather than the law affecting insurance. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 11 | Construction products regulation Construction products for use on construction and civil engineering projects and buildings are regulated in the UK and the EU. This note summarises the practical effect of this regulation, focusing on the legal aspects of the Construction Products Regulations 1991 (SI 1991/1620) (as amended) (Construction Products Regulations 1991), which implements the Construction Products Directive (89/109/EC) (as amended) in the UK, and the Construction Products Regulation 305/2011/EU (Construction Products Regulation 2011), which is in effect in the European Economic Area (EEA) from 1 July 2013. | Practice note: overview | Maintained |
| 12 | Construction projects: the legal structure: a quick guide A quick guide to the legal aspects of a construction or engineering project, useful for first-time employers or users of construction services, who have not built a project before. The note covers a number of issues, including the parties to the contract, procurement, insurance and regulation. It also sets out some of things that can go wrong with a project, like defects or delayed completion. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 13 | Do I have a "construction contract"? This note will guide you through the complex case law on what is a construction contract. It will help you determine whether your contract falls under the provisions of Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) or under that Act, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). It will also help you to understand whether the statutory adjudication, payment or suspension provisions of the Construction Act 1996 apply to a contract, or whether the contract is excluded under the Act or one of the Exclusion Orders. | Practice note: overview | Maintained |
| 14 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 15 | Guarantees and indemnities: a quick guide A quick guide to guarantees and indemnities, including their respective advantages, legal and drafting issues to bear in mind, and links to further materials. | Practice note: overview | Maintained |
| 16 | JCT Design and Build Contract: Key changes in Revision 2 ... A note on the key changes made to the JCT Design and Build Contract, 2005 edition (DB05), by the publication of JCT Revision 2 2009. Note added October 2011: The JCT has published its 2011 editions, so we no longer maintain this note (see Practice note, JCT Design and Build Contract 2011 edition: key changes). | Practice note: overview | 11-Oct-2011 |
| 17 | JCT forms of building contract The Joint Contracts Tribunal (JCT) publishes standard forms of building contract that are commonly used for construction projects in England and Wales. This note identifies the most commonly-used building contracts published by the JCT and suggests when each may be used. | Practice note: overview | Maintained |
| 18 | JCT guidance on its contracts The Joint Contracts Tribunal (JCT) publishes guidance on the use of its building contracts and sub-contracts, available via the JCT website. For PLC's overview of some of the commonly used JCT building contracts, see Practice note, Joint Contracts Tribunal (JCT) forms of building contract. This note identifies and links to the JCT's own guidance. | Practice note: overview | Maintained |
| 19 | JCT Standard Building Contract: Key changes in Revision 2 ... A note on the key changes made to the JCT Standard Building Contract, 2005 edition (SBC05), by the publication of JCT Revision 2 2009. PLC Construction is grateful to the Construction, Engineering & Procurement group at Berwin Leighton Paisner LLP, for its assistance in the preparation of this note. Note added October 2011: The JCT has published its 2011 editions, so we no longer maintain this note (see Practice note, JCT Standard Building Contract 2011 edition: key changes). | Practice note: overview | 11-Oct-2011 |
| 20 | Joint ventures: overview This practice note summarises the key considerations in establishing a joint venture or other strategic alliance, including possible vehicles and legal structures, and accounting and tax aspects. The note also looks at common documents used in joint ventures such as the shareholders agreement and subsidiary documents. | Practice note: overview | Maintained |
| 21 | Joint ventures: tax overview This practice note briefly describes the main tax issues to consider when establishing, operating and terminating UK-based joint ventures. | Practice note: overview | Maintained |
| 22 | NEC: The NEC3 suite of contracts A note on the individual contracts that make up the suite of New Engineering Contracts, third edition (NEC3). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice note: overview | Maintained |
| 23 | Overview of Copyright This note provides an overview of the main features of the UK law of copyright. It outlines the categories of work protected by copyright; the requirements for copyright protection; the duration of copyright; the rules regarding ownership of copyright; the main acts which constitute primary and secondary infringement of copyright; the main permitted acts; and the civil and criminal remedies available to a copyright owner. | Practice note: overview | Maintained |
| 24 | Parties to a construction contract A note outlining the parties commonly involved in a construction project and briefly describing their roles. | Practice note: overview | Maintained |
| 25 | Supply contracts: overview The overview summarises the key considerations when drafting and using standard terms and conditions of sale or purchase of goods, including the effective incorporation of such terms, the effect of pre-contractual representations, the underlying statutory framework and the use of exclusion clauses to exclude or limit liability. The overview also considers provisions commonly found in supply contracts dealing with such matters as specification, delivery, acceptance, price, payment and retention of title. | Practice note: overview | Maintained |
| 26 | Whistleblowing: a quick guide A quick guide to the law on whistleblowing in employment, why it is important, and key strategies for employers and workers. This is one of a series of quick guides: see Quick guides. | Practice note: overview | Maintained |
| 27 | Acceleration on construction and engineering projects A note on accelerating the progress of works on a construction or engineering project, so that the works are completed before the date otherwise required under a building or engineering contract. | Practice notes | Maintained |
| 28 | Adjudication using the Scheme for Construction Contracts ... A note on the statutory adjudication rules for construction contracts in England, Wales and Scotland under Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) and the Scheme for Construction Contracts (Scotland) Regulations (SI 1998/687). The note also looks at the Schemes, as amended by the: Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011) in England. Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (Scheme for Construction Contracts (Wales) Regulations 2011) in Wales. Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SSI 2011/371) (Scheme for Construction Contracts (Scotland) Regulations 2011) in Scotland. | Practice notes | Maintained |
| 29 | Amending JCT contracts to comply with Construction Act 1996 ... A note on the changes necessary to the payment, adjudication and suspension clauses to make commonly used Joint Contracts Tribunal (JCT) contracts comply with the amendments under Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009. The note considers a JCT Standard Building Contract, 2005 edition, Revision 2 2009 (SBC05), a JCT Design and Build Contract, 2005 edition, Revision 2 2009 (DB05), a JCT Intermediate Building Contract, 2005 edition, Revision 2 2009 (IC05) and a JCT Intermediate Building Contract with contractor's design, 2005 edition, Revision 2 2009 (ICD05). The amendments to the Construction Act 1996 took effect on 1 October 2011 in England and Wales and 1 November 2011 in Scotland. We originally published this resource in March 2011, before the JCT published its suite of 2011 edition contracts. Now that users have had an opportunity to review the 2011 editions, we no longer maintain this resource. | Practice notes | 31-Jan-2012 |
| 30 | Amendments under the LDEDC Act 2009 to the Construction ... This note provides links to a mark-up and consolidated legislation showing how Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). It also includes a link to a mark-up of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), as amended. | Practice notes | Maintained |
| 31 | Bribery Act 2010 A practice note about the Bribery Act 2010, which received Royal Assent in April 2010 and came into force on 1 July 2011. The background to the Act is described in Practice note, Bribery: law reform. PLC's materials on the Bribery Act are set out in Bribery Act 2010: toolkit. | Practice notes | Maintained |
| 32 | Bribery Act 2010 anti-corruption policies This note addresses the issues to consider in creating an anti-corruption policy with particular emphasis on the Bribery Act 2010, the new offence of failing to prevent bribery under section 7 of that Act and the adequate procedures defence to that offence. | Practice notes | Maintained |
| 33 | Bribery Act 2010: acquisitions and joint ventures This note addresses the issues relating to corruption to consider when acquiring a business or shares in a target company or entering into a joint venture, particularly in light of the Bribery Act 2010. | Practice notes | Maintained |
| 34 | Bribery Act 2010: corporate criminal liability This note considers how criminal liability for offences under the Bribery Act 2010 may attach to companies. | Practice notes | Maintained |
| 35 | Bribery Act 2010: corporate hospitality, gifts and expenses This note looks at how promotional expenses, such as corporate hospitality and gifts, may be dealt with under the Bribery Act 2010. | Practice notes | Maintained |
| 36 | Bribery Act 2010: facilitation payments This note looks at facilitation payments, examining in particular what they are, why the lack of an exemption in the Bribery Act has been controversial, how the SFO plans to enforce the Bribery Act in relation to them and what can be done to prevent them being made. Information is also given on the position the OECD and other countries have taken towards facilitation payments. | Practice notes | Maintained |
| 37 | Bribery: law reform A practice note about the reform of the law on bribery in the UK. This note has now been replaced by a new resource: Practice note, Bribery Act 2010, detailing the Bribery Bill which was introduced into parliament in November 2009 and received Royal Assent as the Bribery Act 2010 in April 2010. | Practice notes | 31-Jul-2009 |
| 38 | Building Information Modelling (BIM) A note explaining Building Information Modelling (BIM), introducing the various BIM stages and considering what contract amendments may be necessary when a construction project uses BIM. The note considers the CIC BIM protocol, changes to the JCT and NEC forms of contract, as well issues in professional appointments. | Practice notes | Maintained |
| 39 | Building information modelling (BIM): FAQs A note setting out frequently asked questions (FAQs) on building information modelling (BIM) in construction and engineering projects. | Practice notes | Maintained |
| 40 | Business interruption: pandemics and other civil emergencies A practice note giving organisations an overview of some of the legal and practical issues arising from the threat of disruption by pandemic influenza and other civil emergencies. Practical Law is grateful to Alexis Roberts, a partner in the Insurance & Reinsurance Group of Pinsent Masons LLP, for his assistance with aspects of this note. | Practice notes | Maintained |
| 41 | CIOB Contract for use with Complex Projects (CPC 2013) A note on the Chartered Institute of Building's (CIOB) Contract for use with Complex Projects, first edition, 2013 (known as the CPC 2013). | Practice notes | Maintained |
| 42 | Construction standard form contracts: what are they and ... A note highlighting common construction and engineering standard form contracts and professional appointments, and where copies may be bought from. Examples include ACA, ACE, BPF, CIC, FIDIC, GC/Works, ICE, ICC, IChemE, IMechE, JCT, NEC (NEC3), PPC (PPC2000), RIBA, and RICS contracts and appointments. | Practice notes | Maintained |
| 43 | Construction sub-contracts in PFI and PPP projects: common ... A note on common issues to consider when negotiating a construction sub-contract in a Private Finance Initiative (PFI) or public private partnership (PPP) project. The construction sub-contract is the key construction document on a PFI or PPP project, equivalent to the main building contract in a traditional or design and build project. | Practice notes | Maintained |
| 44 | Consumer Code for Home Builders: an overview A practice note on the consumer code for home builders that came into force with effect from 1 April 2010. | Practice notes | Maintained |
| 45 | Copyright licences in construction documents This note provides guidance on copyright licences in construction projects, particularly in the commercial property development sector. | Practice notes | Maintained |
| 46 | Defective Premises Act 1972: duty under section 1 A note on the duty under section 1 of the Defective Premises Act 1972, which requires professional consultants, contractors and property developers working on a dwelling to work in a professional or workmanlike manner, to use proper materials and to see that the completed dwelling is fit for habitation. | Practice notes | Maintained |
| 47 | Defects claims in a construction contract A note on defects claims in a construction contract. | Practice notes | Maintained |
| 48 | Direct payment to sub-contractors on a construction project ... A note outlining what is meant by direct payment from an employer to a sub-contractor in the construction industry, the possible benefits and risks of that approach for the parties and possible alternative approaches. | Practice notes | Maintained |
| 49 | Directors' duties: comparison between Companies Acts 2006 ... A note outlining the changes to the law on directors' duties under the Companies Act 2006 (2006 Act). For a link to the 2006 Act, see Companies Act 2006: publication of final text. For general background to the 2006 Act, see Practice note, Companies Act 2006: materials. For a more detailed note on this topic, see Practice note, Directors' general duties under the Companies Act 2006. Chapter 2 of Part 10 (general duties of directors) came into force on 1 October 2007, other than the provisions relating to directors' conflict of interest duties (sections 175 to 177). Sections 177 to 175 came into force on 1 October 2008. | Practice notes | Maintained |
| 50 | Duties of a professional consultant and principles of ... A note describing the duties of a professional consultant on a construction or engineering project, focusing on his role issuing certificates under a building contract. | Practice notes | Maintained |
| 51 | Escrow and project bank accounts on construction projects: an ... An introduction to escrow accounts and project bank accounts on construction and engineering projects. | Practice notes | Maintained |
| 52 | Express LIFT To build on the first four waves of LIFT (NHS Local Investment Finance Trust) projects, Community Health Partnerships (CHP) promoted an "Express LIFT" framework, to deliver primary healthcare PPP projects. December 2012: Following the change in government and the healthcare reforms that culminated in the Health and Social Care Act 2012, we have updated this resource to refer to CHP taking on PCTs' shareholdings in Express LIFT projects, but we will no longer maintain this note. | Practice notes | 12-Dec-2012 |
| 53 | Framework agreements This note is about the effective use of framework agreements in both the private and public sectors. | Practice notes | Maintained |
| 54 | Global claims in construction disputes A note that looks at global claims in construction disputes, including the requirements of a global claim, why parties object to them and how to defeat a global claim. | Practice notes | Maintained |
| 55 | Government Construction Strategy The Government Construction Strategy, published on 31 May 2011, promised radical changes to construction procurement, cost benchmarking and greater use of standard form contracts in the public sector. The government plans to implement the strategy between 2011 and 2013 and it continues to publish further documents, which follow or dovetail with the strategy. This note refers to that work by, for example, the Innovation and Growth Team (IGT) and Infrastructure UK (IUK). | Practice notes | Maintained |
| 56 | JCT Design and Build Contract 2011 edition: key changes A note on the key changes made to the JCT Design and Build Contract, 2005 edition, Revision 2 2009 (DB05), by the JCT Design and Build Contract, 2011 edition (DB11). | Practice notes | Maintained |
| 57 | JCT Design and Build Contract: What changed in Revision 2 ... A note detailing the changes made to the JCT Design and Build Contract, 2005 edition (DB05), by the publication of JCT Revision 2 2009. Note added October 2011: The JCT has published its 2011 editions, so we no longer maintain this note (see Practice note, JCT Design and Build Contract 2011 edition: key changes). | Practice notes | 11-Oct-2011 |
| 58 | JCT Framework Agreements A note on the JCT's Framework Agreements, 2007 and 2011 editions, concentrating on the binding version of the framework agreement. | Practice notes | Maintained |
| 59 | JCT Intermediate Building Contract 2011 edition: key changes A note on the key changes made to the JCT Intermediate Building Contract, 2005 edition, Revision 2 2009 (IC05), by the JCT Intermediate Building Contract, 2011 edition (IC11).The IC11 series of JCT contracts used to be known as the IFC editions. | Practice notes | Maintained |
| 60 | JCT Pre-Construction Services Agreement (General ... A note on using and amending the Joint Contracts Tribunal (JCT) Pre-Construction Services Agreement (General Contractor) (PCSA/GC), including commentary on two-stage tendering. The note identifies what two stage tendering is, what the PCSA/GC is, and gives practical advice on when to use it (and when not to use it) in practice. The note refers to the 2008 and 2011 editions of the PCSA/GC. | Practice notes | Maintained |
| 61 | JCT Public Sector Supplement The Joint Contracts Tribunal (JCT) Public Sector Supplement 2011 is intended to help public sector employers use a JCT building contract to meet the government's fair payment principles, to allow for transparency and freedom of information requests, and to encourage use of Building Information Modelling (BIM) protocols. | Practice notes | Maintained |
| 62 | JCT Standard Building Contract 2011 edition: key changes A note on the key changes made to the JCT Standard Building Contract, 2005 edition, Revision 2 2009 (SBC05), by the JCT Standard Building Contract, 2011 edition (SBC11). | Practice notes | Maintained |
| 63 | JCT Standard Building Contract: What changed in Revision 2 ... A note detailing the changes made to the JCT Standard Building Contract, 2005 edition (SBC05), by the publication of JCT Revision 2 2009. Note added October 2011: The JCT has published its 2011 editions, so we no longer maintain this note (see Practice note, JCT Standard Building Contract 2011 edition: key changes). | Practice notes | 11-Oct-2011 |
| 64 | JCT Terrorism Cover Update December 2009 A note on the effect of the JCT's Terrorism Cover Update Issued December 2009 and on implementing it in practice. Note: the 2011 editions of the JCT's standard form contracts incorporate the update, so we no longer maintain this note. | Practice notes | 03-Oct-2011 |
| 65 | LDEDC Act 2009: adjudication A note explaining the effect the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009) had on adjudication under construction contracts. The note refers to a number of changes, including the removal of the in writing requirement, a new statutory slip rule and liability for the costs of the adjudication. This note is no longer maintained. For more information on adjudication, see the Adjudication toolkit. | Practice notes | 01-Oct-2011 |
| 66 | LDEDC Act 2009: FAQs on adjudication A note setting out frequently asked questions (FAQs) on adjudication after Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The FAQs refer to the removal of the in writing requirement, the statutory slip rule, section 108 requirements and liability for the costs of the adjudication. | Practice notes | Maintained |
| 67 | LDEDC Act 2009: FAQs on payment A note setting out frequently asked questions (FAQs) on payment in construction contracts after Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The FAQs refer to the changes to payment and withholding notices (including default payment notices and pay less notices), the right to suspend for non-payment and pay-when-certified clauses. | Practice notes | Maintained |
| 68 | LDEDC Act 2009: payment A note explaining the effect the Local Democracy, Economic Development and Construction Act 2009(LDEDC Act 2009) had on payment under construction contracts. The note refers to the changes to payment and withholding notices, the right to suspend for non-payment and pay-when-certified clauses. This note is no longer maintained. For more information on payment, see Practice notes, Payment in construction contracts: Construction Act 1996 and as amended and Payment in construction contracts: Scheme for Construction Contracts 1998 and as amended. | Practice notes | 01-Oct-2011 |
| 69 | Letters of intent A note on letters of intent in the construction and engineering industries. | Practice notes | Maintained |
| 70 | Liquidated damages in construction contracts A note on liquidated and ascertained damages (also known as LADs or LDs) in construction or engineering contracts, which explains what they are, why they are used and how to distinguish them from penalty clauses. | Practice notes | Maintained |
| 71 | Loss and expense claims in a construction contract A note on claiming loss and expense under a construction contract. | Practice notes | Maintained |
| 72 | NEC3: Option C of the Engineering and Construction Contract A note on using the target cost option (Option C) under the third edition of the New Engineering Contract (NEC3) Engineering and Construction Contract (ECC). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 73 | NEC3: role of the Project Manager A note on the key role of the project manager under the third edition of the New Engineering Contract (NEC3) Engineering and Construction Contract (ECC). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 74 | NEC3: Using and amending the Engineering and ... A note on using and amending the NEC3 Engineering and Construction Contract (ECC). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 75 | NEC3: working under an NEC contract The New Engineering Contract (NEC) is a very different standard form contract, compared to those prepared by, for example, the JCT or ICE (now ICC). This note highlights some of the key practical and legal aspects of working under an NEC Contract, particularly an NEC Engineering and Construction Contract (ECC). NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 76 | NEC: the NEC3 Supply and Supply Short Contracts A note on the NEC3 Supply Contract and Supply Short Contract. NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 77 | NEC: the NEC3 Term and Term Short Contracts A note on the NEC3 Term Service Contract and Term Service Short Contract, June 2005, revised June 2006 and September 2011. NOTE: This practice note refers to the NEC3 suite of contracts, including its June 2006 and September 2011 amendments. Publication of the new, NEC3 April 2013 editions was announced on 10 April 2013 and we will update this note to refer to them as soon as we receive copies. | Practice notes | Maintained |
| 78 | Negotiating insurance provisions in the JCT Design and Build ... A note on negotiating the insurance provisions of the JCT Design and Build Contract, 2005 edition (Revision 2, 2009) (DB05) and the JCT Design and Build Contract, 2011 edition (DB11). | Practice notes | Maintained |
| 79 | Negotiating insurance provisions in the JCT Minor Works ... A note on negotiating the insurance provisions of the JCT Minor Works Building Contract, 2011 edition (MW11). | Practice notes | Maintained |
| 80 | Negotiating insurance provisions in the JCT Standard Building ... A note on negotiating the insurance provisions of the JCT Standard Building Contract, 2005 edition (Revision 2, 2009) (SBC05) and the JCT Standard Building Contract, 2011 edition (SBC11). | Practice notes | Maintained |
| 81 | No loss and assignment: the development of the common law ... A note outlining the development of the common law on the no loss defence, or the defence that an assignor may not recover more than the assignee, in the context of construction and engineering cases. These cases are sometimes said to refer to a possible "black hole". | Practice notes | Maintained |
| 82 | No loss argument in construction claims: what it is and how to ... A note considering the "no loss" argument in the construction and engineering context, including whether a party's claims can disappear in a "black hole". | Practice notes | Maintained |
| 83 | Partnering or alliancing on a construction or engineering ... A note on what the parties mean by partnering, alliancing or collaboration, including some of the risks and benefits of this approach, and giving examples of partnering contracts. | Practice notes | Maintained |
| 84 | Payment in construction contracts: Construction Act 1996 and ... A note on the statutory payment rules under Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and under that Act, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The note explains the old payment mechanism, including stage payments, the meaning of adequate payment mechanism and payment and withholding notices. It also describes the new payment mechanism, including default payment notices, pay less notices and the requirement to pay the notified sum. | Practice notes | Maintained |
| 85 | Payment in construction contracts: Scheme for Construction ... A note on the statutory payment rules for construction contracts in England, Wales and Scotland under Part II of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) and the Scheme for Construction Contracts (Scotland) Regulations (SI 1998/687) (Scheme for Construction Contracts (Scotland) 1998). The note also looks at the Schemes, as amended by the: Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011) in England. Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (Scheme for Construction Contracts (Wales) Regulations 2011) in Wales. Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SSI 2011/ 371) (Scheme for Construction Contracts (Scotland) Regulations 2011) in Scotland. | Practice notes | Maintained |
| 86 | Practical completion Practical completion confirms the completion of construction works on a project. The JCT Standard Building Contract, 2005 and 2011 editions (SBC05 and SBC11), and most PFI construction sub-contracts refer to "practical completion" of the works. The NEC engineering and construction contract, third edition (NEC3 ECC), refers to "completion". Engineering contracts may refer to "mechanical completion", "completion" or "substantial completion". This note concentrates on the commercial property development sector. | Practice notes | Maintained |
| 87 | ProCure21 A note on ProCure21, an NHS procurement method for publicly funded capital projects, which was replaced by ProCure21+ from October 2010. The note explains the background to ProCure21, gives an analysis of the New Engineering Contract, second edition (NEC2) Engineering and Construction Contract (ECC) and explains the ProCure21 amendments to the ECC. ProCure21 ended on 12 September 2010 and its replacement framework, ProCure21+, commenced on 1 October 2010 (see Blog post, Who, or why, or which, or what, is ProCure21+?). We no longer maintain this note. | Practice notes | 21-Aug-2012 |
| 88 | Retention of title An introduction to the law applying to retention of title clauses. | Practice notes | Maintained |
| 89 | Scheme for Construction Contracts 1998: What changes does ... A note on the changes to the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), as a result of Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). These include changes to adjudication costs, a statutory slip rule and payment notices. In addition, the note: Includes a mark-up showing the effect of the changes on the Scheme. Explains the changes included in the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011), which brought the changes to the Scheme for Construction Contracts 1998 into effect in England on 1 October 2011. This note is no longer maintained. For more information, see Practice note, Adjudication using the Scheme for Construction Contracts 1998 and as amended. | Practice notes | 01-Oct-2011 |
| 90 | Suspension for non-payment under the Construction Act 1996 A note on the statutory right to suspend performance of obligations under a construction contract for non-payment under section 112 of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) (as enacted) and under section 112 of the Construction Act 1996, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). | Practice notes | Maintained |
| 91 | Terminating a JCT building contract A note on contractual termination under a JCT Standard Building Contract or JCT Design and Build Contract, focusing on the employer's right to terminate the contractor's employment under the building contract, where the contractor is at fault. | Practice notes | Maintained |
| 92 | Time for completion and extension of time A note on time for completion, extensions of time and the consequences of failing to complete a construction and engineering project on time. | Practice notes | Maintained |
| 93 | Variation of guaranteed obligations A note about the law relating to variation of guaranteed obligations. It examines the extent to which an underlying contract, which is the subject of a guarantee, can be amended or varied without that variation of contract discharging the guarantee and releasing the guarantor from its liability. | Practice notes | Maintained |
| 94 | Variations arising under a construction contract A note on a contractor's entitlement to be paid for extra work, or variations, carried out under a construction contract. Some building contracts, such as the JCT Design and Build Contract, 2005 and 2011 editions (DB05 and DB11) refer to variations as changes. | Practice notes | Maintained |