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Within a JCT contract, the Agreement, Recitals, Articles and Contract Particulars at the outset record the project-specific particulars of the works to be undertaken. It is crucial these sections are completed in full and accurately, to prevent uncertainty and disagreements over the scope. This Checklist offers practical steps for filling in those particulars, with links to pertinent Practice Notes that explain each area in depth. It is intended for users who are relatively new to JCT contracting. Commonly, an employer asks the architect/contract administrator or another consultant to draft the particulars at the outset, then has its lawyer review the contract prior to execution. Alternatively, a lawyer may complete all entries, but will require the client’s or consultants’ input on the information to include. The Checklist can serve as a reference when preparing or verifying the particulars. Accurate completion from the outset reduces ambiguity about what is required and helps prevent disputes. It also serves as reference when checking particulars. Guidance here shows how to complete required information, supported by...
This Checklist outlines the principal contractual points within a bundle of construction documents that a construction lawyer should review and report on for a prospective buyer of a property or development. It should be read alongside: Construction due diligence for property purchase-initial review of construction package-checklist. After reviewing the documents and raising enquiries, the purchaser’s construction lawyer will also need to produce a report on the construction documents, see Precedent: Report on construction documentation. The issues below proceed on the basis that construction at the relevant property has been completed. Accordingly, there is no need to scrutinise terms governing the running of the contract during the build, such as payment provisions; these are only relevant where a buyer is acquiring while works are ongoing and step-in rights are being offered. Building contracts Identity of contractor – Confirm the contractor continues to exist and carry out a financial check (for example via Dun & Bradstreet) to ensure it is financially sound. Date of contract –...
This Checklist is for the offeror and its advisers, outlining preliminary actions and considerations ahead of announcing an offer and issuing the offer/scheme document. It addresses preparation, bid planning, due diligence, announcements and other connected matters. This is not a complete Checklist; what is required will turn on the precise features of the transaction. Any references to Rules are to the rules of the City Code on Takeovers and Mergers (the Code). Preparatory steps Appoint principal advisers (financial adviser, legal adviser, brokers, public relations consultants, etc). Prior to a bid—the offeror Hold the offeror’s initial board meeting. Constitute a capable offer committee with appropriate delegated authority from the board. Confirm there are no regulatory or commercial conflicts of interest. Identify all concert parties (and affiliated persons). Acting in concert Ensure all participants understand the secrecy requirements: financial advisers should, at the very start of discussions, alert clients to the critical importance of confidentiality...
Background The narrative in Santander UK Plc v CCP Graduate School Ltd [2025] EWHC 667 (KB) is a textbook example of APP fraud. CCP moved just under £416,000 from its NatWest Bank Plc account to an account at Santander. It asserted that it had fallen prey to an APP fraud, whereby payers are duped into approving transfers to an impostor’s account masquerading as a genuine beneficiary. During September and October 2016, CCP executed 15 transfers from its account to a Santander account in the name of PGW Consultants Ltd, believing PGW to be an authentic recipient. Each payment was sent in line with directions supplied to CCP by the fraudsters. After the monies landed in the Santander account, the fraudsters then swept the funds out. In its defence, Santander explained that, after PGW made a further transfer to an account at Lloyds Bank Plc, Lloyds grew suspicious of possible fraud when that sum was promptly dispersed from the Lloyds account. Lloyds raised its concerns with Santander, and Santander provided...
In this issue: Standard form contracts Defects Consultants on construction projects Planning Procurement Construction industry news Daily and weekly news alerts New and updated content Construction trackers No Weekly Highlights on 24 April 2025 Standard form contracts JCT sets out intention to launch new Target Cost Contract at Parliamentary Reception JCT has set out plans to launch its new Target Cost Contract, part of the JCT 2024 Edition, at the annual Construction Industry Parliamentary Reception on 13 June 2025. The suite comprises a main contract, a sub-contract and guides, aimed at projects that adopt a target cost with arrangements to share any difference. Payment will be based on an 'allowable cost', a 'contract fee' and, where relevant, a 'difference share'. JCT is also producing online resources to help users with implementation. The Reception will recognise JCT’s achievements and provide an early glimpse of these resources. See: LNB News 16/04/2025 41...
In this issue: Payment Building safety Scots law Consultants on construction projects Guarantees Construction industry news Daily and weekly news alerts New and updated content Construction trackers Payment Late payments—Tackling poor payment practices—government response Tim Wright, Partner in technology, outsourcing and commercial at Fladgate LLP, reviews the government’s reply to the late payment consultation ‘Time to Pay Up’, issued on 24 March 2026, setting out the most far‑reaching measures to deal with overdue payments in more than a quarter of a century. Government figures suggest overdue invoices drain £11bn annually from the UK economy and push 38 firms out of business each day. The reform bundle would grant the Small Business Commissioner (SBC) stronger authority to probe, determine and penalise firms; impose a hard ceiling of 60 days on payment terms; mandate statutory interest at 8% over the Bank of England base rate; fix a legal cut‑off for challenging invoices; and float a prohibition...
ARCHIVED: This archived Practice Note is not being maintained. Today, most global businesses work with third parties, tapping into vital capabilities that help them operate across markets. Yet those relationships can also carry significant corruption exposure, potentially resulting in breaches of the Foreign Corrupt Practices Act (FCPA). With the right diligence, tailored contractual terms, targeted training, and robust oversight, organisations can manage FCPA risk while still benefiting from third-party contributions to their operations. The FCPA bars corrupt payments made through intermediaries when a company is ‘knowing’ that some or all of the money will be passed to a foreign government official. It is not necessary to have actual knowledge of a third party’s conduct; wilful blindness can be enough to attribute knowledge. In practice, businesses cannot look the other way or disregard indications of possible bribery by those they engage. Agents, distributors, consultants, contractors, and subcontractors Service-providers, suppliers, and other non-intermediary third parties Effective third-party engagement should include anti-corruption due diligence,...
Managing the human resources in your legal team Overseeing the people element of your legal team is not a task to hand over to HR alone. It is central to legal operations. Your operational remit is to deliver the best outcomes at the lowest viable cost. From a human resources viewpoint, this is achieved by ensuring each matter is handled by the right lawyer—inside or outside the business—at the right time. To make this happen, you must align all resources to minimise legal and compliance risks by: reorganising your in-house team, engaging lawyers with specific expertise and appointing law firms and/or consultants, while carefully monitoring expenditure. If you are worried that you lack the knowledge, inclination or experience to manage people, it is strongly advised that you develop the required capabilities, as this will pay dividends in how your team provides legal services to your organisation. Some individuals are natural ‘people people’, but the core skills needed to get the best from your team can be learnt through training....
This Practice Note explores ground conditions within construction and engineering schemes. It addresses who bears responsibility at common law and highlights contractual mechanisms that can be included in building contracts to manage situations where the contractor meets adverse ground conditions, setting out how that risk is shared between contractor and employer. It also summarises how the JCT, NEC and FIDIC standard forms approach allocation of ground condition risk... What are ‘ground conditions’? ‘Ground conditions’ typically describes the site’s geology, hydrology, soil characteristics and any contamination present. Such conditions may arise naturally, be the result of human activity, or a mixture of both. Artificial or man-made conditions or obstructions can include: Antiquities Landfill Asbestos Disused or existing sewers Unexploded ordnance The phrase does not normally cover short-lived surface features like litter or leaves, nor climatic factors. While ‘ground conditions’ is a common expression in construction contracts, related terms are frequently used as well, such as ‘site conditions’ and ‘physical...
1 Introduction 1.1 This policy explains how [ insert name of organisation ] (the Company) will handle the statutory entitlement that permits employees to take unpaid time away from work to organise or provide care for a dependant with a long-term care need, and sets out the steps you should follow if you need to request this leave. 1.2 [ This policy applies solely to employees. It does not extend to agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants [ , contractors ] [ , volunteers ] [ , interns ] and casual workers. ] 1.3 This policy has been [ agreed OR introduced following consultation ] with [ [ enter name of relevant trade union(s) ] OR [ enter name of works council ] OR [ enter name of staff association ] ]. 1.4 In some circumstances, you may have the right to take...
1 Purpose and scope of the procedure 1.1 A grievance is any worry, issue or complaint an employee brings to their employer. 1.2 Where appropriate, you should first try to resolve a grievance informally with the person you report to directly [ or [ insert alternative, eg the HR Department ] ]. If this does not settle the matter, you should submit your grievance formally as outlined below. 1.3 This procedure is not incorporated into your contract of employment. It can be changed at any time and the Company may adopt a different procedure depending on the circumstances of the particular case. 1.4 This policy and its procedure covers all our employees and workers. It does not apply to agency workers, consultants, contractors [ , volunteers ] [ , interns ] or casual workers. ...
1 Introduction 1.1 Our goal is to deliver outstanding service to our clients. Despite our best endeavours, mistakes may on occasion occur. So far as possible, we nurture a culture without blame—any of us can make an error. 1.2 This policy describes our procedures for managing acts or omissions that may give rise to a negligence claim. 1.3 This policy applies to everyone working at any level, including partners, consultants, solicitors, and other employees (whether permanent, fixed-term or temporary), together with contractors, trainees, seconded staff, home-workers, casual staff, agency staff, interns and students, agents, sponsors, volunteers, or any other person connected with the firm wherever they are located (collectively referred to as ‘staff’ in this policy). 2 Responsibility for handling claims against the firm 2.1 [ Insert name of person nominated to receive internal claim/circumstance report forms ] is responsible for dealing with: 2.1.1 acts or omissions that might result in a negligence claim against us; 2.1.2 actual negligence claims against...