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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 …

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 …

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 …

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 …

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 …

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 …

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 …