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Dispute arises where one of those causes is the result of the employer's action or omission and the other is the result of the contractor's.

The claimant and defendant had entered into a sub-contract, clause 14.4 of which stated that if the defendant decided any works done ...

The Judge identified the following factors which might justify the application of a domestic policy of imposing penal rates of interest on a party to an international commercial contract.

Section 110B of the Construction Act 1996 provides that, absent a payment notice and/or pay less notice served within the relevant time limits, the sum due to a contractor will be that contained in his application for payment.

A recent Supreme Court judgement clarified the right of insolvent companies to start adjudications.

The payment and adjudication provisions of the Construction Act are compulsory in commercial relationships. They can be used in consumer contracts, but if they fall foul of EU consumer protection laws they may be struck down. This happened to the withholding provisions of the JCT Minor Works 1998 form in a recent case before the TCC.

22 June is notable as chocolate éclair day, onion rings day and now, following today's announcement by the NEC Contracts board, it will go down in history as NEC4 day!

The past six months have seen significant changes for almost all businesses in the UK as a result of Covid-19. Following the closure of most high street units and many offices between March-June, ...

The case of Iveta Nemcova v Fairfield Rents Limited has served as a warning to residential property owners who are part of the Airbnb generation.

A Scottish Court of Session decision established that contractual notification requirements for loss and expense claims are conditions precedent. In FES Ltd v HFD Construction Group Ltd, the court ruled that failure to notify as required under clauses 4.20 and 4.21 of the SBC/Q/Scot 2016 contract invalidated the claim. This precedent stresses strict compliance with notice requirements, potentially impacting contractors' ability to recover costs under similar JCT contracts.

When can contractors successfully challenge an employer's call on a performance bond? The Technology and Construction Court's recent decision in TTSJV v BapCo demonstrates just how narrow the grounds for intervention really are, even where the contractor has strong arguments on the merits of the underlying dispute.

Contractor insolvency poses a significant threat to construction projects, with nearly 4,000 construction businesses entering insolvency in 2025 alone. Collateral warranties from sub-contractors can provide crucial protection by creating direct contractual relationships that preserve rights of recourse when main contractors fail. Understanding how these warranties work alongside due diligence and performance security can help developers, funders, and other stakeholders manage risk effectively.

Supreme Court's judgment handed down in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another.

Building and engineering contracts usually can only be terminated in limited circumstances, e.g. for serious default or insolvency. Some contracts confer the added power to terminate for a party’s own convenience.

Caveat emptor, or "buyer beware", is one of the oldest principles in English law, establishing that buyers assume the risk of their purchase.

In the latest article of our alternative dispute resolution series Christopher Leadbetter of Clyde & Co examines some of the limitations of adjudication in deciding non-monetary issues.

In relation to the form of construction contracts, the parties may use a standard form of contract which is tailored to fit the project or a completely bespoke form of contract.

The Budget presents a mixed picture on climate policy. We see enough stimulus to show that sustainability remains firmly on the Government's agenda, but not enough to deliver confidence...