Construction Law Clinic

Can I claim for my losses from a no-show sub-contractor? Problem:  I need some advice concerning whether it is possible to invoice a sub-contractor for failing to arrive on site on a set date which in turn not only held-up the job, but cost my company quite a bit of money.

The definition of practical completion Problem:  What is your definition of practical completion?  The times I have had this argument with my client’s and / or their professional team is numerous.  From my perspective, I consider that the contract administrator should certify completion providing most of the major work is completed – if there are …

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Understanding critical path programmes Problem:  I work for a well known retailer as a building surveyor in the procurement department.  I have recently read an article on delays in the construction industry and the importance of having a well-thought out construction programme from the outset, including identifying the activities on the critical path of the …

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COVID-19 and the administration of JCT contracts Problem:  I am an Architect working in private practice.  For administering contracts, I use the JCT.  Given the current pandemic, in your opinion, what is the best contract mechanism for administrating pandemic related additional cost claims made by contractors?  Response:  If you mean how best can an Architect …

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Appropriation of monies

Appropriation of monies Problem:  I work for a building company that has enjoyed quite a long relationship with one particular client.  The client is a housing developer operating at the high end of the market constructing one-off bespoke houses.

Confusion over extent of works to be carried out Problem:  I have a situation which could end up costing my company a lot of money.  I run a very successful tiling business.  I have 2 retail shops in the East Midlands and a separate contracting company.  The contracting company is basically the fixing ‘arm’ of …

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Customer refusing access to complete the works Can a customer refuse to allow my fitter to complete a job? Problem:  Hi. I hope you can advise me on where my company legally stands with a customer.  The sum involved is small, but it is the principle of the matter as the customer has been an …

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Email hacking in the construction industry – who is liable? Slightly different to my usual column – I have decided to write an article on email fraud as over the past couple of years, a number of clients have approached me who are concerned about email fraud; some because they have received electronic communications from …

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