Contract programme meaning

A letter of intent (LOI) can be put in place before the formal agreement and signing of a building contract (or sub‑contract) so that certain design tasks and/or works may commence at an early stage as necessary and appropriate. This Checklist outlines the principal points a contractor should weigh and the drafting it ought to seek, or ask to be inserted, to secure a clear, binding letter of intent on a construction project. Although the terms ‘contractor’ and ‘employer’ are used, the same principles also apply to dealings between a contractor and a sub‑contractor. When negotiating or preparing a letter of intent, not every point listed below will be pertinent; users must assess each matter against the particular circumstances. See Practice Note: Letters of intent—construction for further guidance on letters of intent. Key issues and clauses Are the parties’ particulars fully and accurately recorded? Make sure the employer’s and contractor’s full details are set out at the start of the letter of intent (including full company...

This Checklist explains the actions to take in collective consultation in relation to proposed redundancies. It highlights practical points for deciding whether a redundancy situation exists, whether collective consultation duties are triggered, how to set an appropriate timetable for the process, and the duty to notify the Secretary of State of proposed redundancy dismissals. For broader guidance on collective redundancy consultation obligations, see Practice Notes: Redundancy—fair procedure: collective consultation and How to carry out collective redundancy consultation. The guidance in this Practice Note reflects the Acas non-statutory advisory booklet entitled This booklet has been archived and is no longer maintained by Acas. Identify redundancy situation The Acas non-statutory guidance advises that, before commencing a redundancy programme, an employer should examine all possibilities to reduce or avoid redundancies—that is, consider alternatives to compulsory redundancy, such as: adjusting working hours reducing the number of temporary or contract workers limiting overtime implementing a recruitment freeze...

Many documents must be prepared and signed off with the project team on the majority of construction schemes. This table serves as a practical tool to monitor those documents throughout the full programme and effectively support reporting back to the client...

In this issue: Key DR developments Claims and remedies Pre-action and limitation Litigation Applications—general Evidence and disclosure New content Dates for your diary Useful information LexTalk®Dispute Resolution: a Lexis®Nexis community Daily and weekly news alerts Key DR developments Minutes KBD court user meeting minutes released: The record of the King’s Bench Division (KBD) court user meeting held on 25 April 2024 is now available. The agenda covered seal dates on court papers, time slots for applications, supplying hearing bundles, delays with Foreign Process, and directing writs of possession to the local District Registry rather than the High Court at the Royal Courts of Justice, plus other items including CE-File rejections—see: LNB News 01/05/2024 85—Minutes from King’s Bench Division court user meeting on 25 April 2024. Guidance Damages Claims Pilot guidance refreshed: HM Courts and Tribunals Service (HMCTS) has revised the Damages Claims Portal (DCP) guidance for cases under CPR PD...

In this issue: Building safety Procurement in construction Arbitration Planning in construction Infrastructure projects Tax for construction lawyers Construction industry news LexTalk®Construction: a Lexis®Nexis community Daily and weekly news alerts New and updated content Construction trackers Building safety Building liability orders—‘anticipatory’ orders and adjudication decisions (Crest Nicholson v Ardmore) In Crest Nicholson Regeneration Limited v Ardmore Construction Limited [2026] EWHC 789 (TCC), the TCC handed down what seems to be only the second judgment considering an applicant’s right to a building liability order (BLO) under section 130 of the Building Safety Act 2022. The applications arose from a dispute concerning fire safety and other defects at a residential scheme in Portsmouth. The applicants asked the court to grant: (i) ‘anticipatory’ BLOs against multiple defendants, making them jointly and severally liable for any liability the first defendant may ultimately be found to owe under section 1 of the Defective Premises Act 1972, or...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection E-commerce International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—12 June 2024 The Advertising Standards Authority (ASA) considered a complaint about a YouTube video on the Sidemen’s channel that referenced the vodka label ‘XIX Vodka’ in the content. The ASA upheld one point, but dismissed two others after review overall. See: LNB News 12/06/2024 34. Ofcom consults on renewing co-regulatory arrangements for ODPS and VSP Ofcom has opened a consultation on its plans to extend, for a decade to 31 October 2034, the co-regulatory framework governing broadcast advertising, on demand programme service (ODPS) advertising, and video-sharing platform (VSP) advertising arrangements in place. The consultation closes on 19 July 2024. See: LNB News 07/06/2024 17...

This Practice Note reviews the principal issues and risks that routinely arise on major construction for education providers, spanning higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/Priority School Building Programme [Archived]. Typical procurement routes While any conventional procurement route can be used on an education project, three factors usually drive the route selected by education clients for their construction programmes: Nature of client Education clients seldom commission large capital schemes. It is not their core activity and, except for sizeable university estates teams, they rarely possess the in-house expertise to procure major works successfully. They are regarded as inexperienced construction clients. Funding Funding is often capped and time limited. As a result, works are commonly let on a fixed-price contract, typically at a higher cost, to secure the level of certainty and control sought by funders (public or private investment) and governors. See Funding below. Risk management Site risks on education schemes are generally...

Overview of the Supply Contract The Supply Contract, known as the ‘SC’, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). Most construction practitioners are more familiar with the NEC3/NEC4 Engineering and Construction Contract (EEC); however, where an employer intends to purchase goods or plant and material in relation to a project, the NEC3/NEC4 Supply Contract can also be included as part of the documentation for that project. The Supply Contract may equally be used on a standalone basis to buy goods when a significant level of management control is required; but—as with any contract—it should be considered carefully to ensure its terms do not conflict with any other non‑NEC contracts used in relation to the same project. It is designed for the purchase of high‑value goods together with related services. The NEC have produced it with the intention that it be more even‑handed between buyer and seller than parties’ own standard terms and conditions of supply are likely to...

Brexit, and public procurement reform The UK’s public procurement framework stems from EU procurement rules and, as a result, was touched by the UK’s departure from the EU—though only in a limited way. In substance, procurement law in the UK has largely carried on with only minor alterations, pending the arrival of the forthcoming procurement reform. For more detail, see Practice Note: Public procurement reform. The Public Procurement (Amendment etc) (EU Exit) Regulations 2020 amended and revoked elements of procurement legislation to resolve practical issues arising from Brexit, and to ensure the system continued to function effectively once the UK had left the EU and the related transitional arrangements concluded at 11 pm on 31 December 2020 (IP completion day). Those changes formed part of the broader domestic legislative programme associated with Brexit, introduced under the European Union (Withdrawal) Act 2018 (EU(W)A 2018). Some of the amendments are nonetheless subject to overriding requirements consistent with the UK’s international commitments, for example under relevant separation provisions in the Withdrawal Agreement,...

The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...

The Contract comprises the completed Standard Building Contract With Approximate Quantities 2016 published by the JCT subject to the following amendments: This Contract adopts JCT SBC/AQ 2016 with extensive modifications to reflect design responsibility, building safety and commercial controls. Recitals: Contractor to provide a master programme and Schedule of Information Requirements; confirms site due diligence and accepts full CDP design liability. Articles: Dutyholder Regulations added; Tender Price covers Principal Contractor duties; arbitration removed; Schedule of Amendments prevails; strict protection of Third Party Agreements. Definitions/governance: new and revised terms (Building Safety Regulator, HRB, Practical Completion, Copyright Material, Design Sub‑contractors, Dutyholder Regulations); several deletions; English court jurisdiction. Design/materials/information: skill‑and‑care design and coordination; only new, compliant, non‑deleterious materials; golden thread storage; monthly programme reporting; site risks at Contractor’s risk. Procedures/controls: tighter instruction, testing, defects and as‑built duties; enhanced confidentiality and IP licences; HRB assistance; CDM/Dutyholder competency confirmations. Sub‑contracting/rights: prescribed sub‑contracts, insurances and delivery of collateral warranties/third‑party rights; limits on assignment. Payment/commercial: 28‑day final...

Date [ date ] Parties [ name of Landlord ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], whose registered office is at [ address ] [ together with an address for service in England and Wales at [ address ] ] (the Landlord); [ name of Tenant ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], with its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Tenant); [ [ name of Guarantor ], [ of OR incorporated in England and Wales (company registration number [ number ]) ], having its registered office at [ address ] [ and an address for service in England and Wales at [ address ] ] (the Guarantor) ]...