Claims

Construction Insolvency – What are the warning signs and how can you protect your position?

Insolvency of parties to construction contracts is not a new challenge to the construction industry, but recently it has become more prevalent. Often, if a …

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Loss and expense in construction contracts

What is loss and expense? Loss and expense is a contractual remedy for events that would often otherwise be claimed as damages for breach of …

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Omissions in Construction Contracts

Omission Impossible: When your work can be taken away and what you can do about it Having work omitted from your scope can be more …

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Construction delay claims – extension of time

When and how to claim extension of time on construction contracts Many construction projects suffer from delay. Contractors often have their hands full with trying …

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Retention in construction contracts

What is retention, when is it due and how to claim it Retention is frequently the source of payment disputes between parties, resulting in arguments …

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Early Warning Notices and Compensation Events

Early Warning Notices What are early warning notices? Early warning notices and compensation events are specific features of the NEC form of contract. They have …

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The Final Countdown: Liability for Defects and How Long it Lasts

Defects in the construction industry Despite best efforts, defects are a common occurrence in the construction industry. Whether caused by unforeseen challenges, material inconsistencies, or …

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Some liquidated damages clauses are more dangerous than others

If you are reading the words ‘liquidated damages’ in your construction contract, then you might not be having the best day. You might be reading …

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Contra-charges – How to protect your account from unfair deductions

A situation which is all too familiar to many in the construction industry is that you have finished a project and submitted your final account, …

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