Insights

Deconstructing Construction Bonds: Types, Risks, and Practical Tips

Bonds are an increasingly common feature of contracts in the construction industry, especially on larger or higher-risk projects. A bond is a form of financial …

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Resources: Flowcharts to Support JCT Contract Management

Navigating the intricacies of JCT (Joint Contracts Tribunal) contracts can be challenging, particularly when multiple stakeholders, detailed procedures, and strict timelines are involved. While JCT …

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Clarifying risk allocation and document incorporation: lessons from John Sisk v Capital & Centric

The High Court’s decision in John Sisk and Son Ltd v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) sheds valuable light on two …

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Mind the Gap: Avoiding Hazards in Back-to-Back Contracting

If you’ve ever found yourself frantically flipping through a sub-contract at 6pm on a Friday wondering, “Hang on… does this clause even match what we …

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Contractual Right to Postpone Works: Lessons from Grain v Shepherd

Wait! Does a variation clause allow suspension of construction work? Imagine that you have put resources in place to commence work on a project, then …

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Without Prejudice Privilege – What is it, and when does it apply?

Picture this: A long-running dispute is finally nearing resolution. An offer is on the table, and you’ve just received an email marked “Without Prejudice.” Does …

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Placefirst v CAR: what the TCC really expects from payment and pay less notices

Contractors and subcontractors know that getting the payment machinery wrong can be ruinous. Placefirst Construction Ltd v CAR Construction (North East) Ltd [2025] EWHC 100 …

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Pay when paid clauses

Are ‘pay when paid’ clauses in construction contracts ever acceptable? ‘Pay when paid’ clauses seek to make payment to one party conditional on payment being …

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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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