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Early warning meaning

What does Early warning mean?
Early warning is a collaborative contract‑management mechanism on construction projects. It requires each party to notify the other as soon as it becomes aware of a matter that could increase cost, delay completion or impair the performance or use of the works, so the team can manage and mitigate the risk proactively. It is not a statutory concept; it is defined by contract. The best‑known formulation is in the nec3/nec4 Engineering and Construction Contract. Under NEC, the Project Manager and Contractor issue early warning notices, maintain a register (called the Risk Register in NEC3 and the Early Warning Register in NEC4) and hold risk‑reduction meetings. Failure to give an early warning can affect the assessment of compensation events and, under target‑cost options, lead to disallowed or unrecoverable cost. Other standard forms adopt similar ideas (for example, FIDIC’s “advance warning”), but terminology, trigger events and consequences differ; JCT does not use the label “early warning” and relies on separate notice regimes for delay and loss and expense. Use is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, subject to the governing contract. Practically, notices should be prompt, in writing, identify the risk, likely effects on time and price, and proposed...
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CHECKLISTS
Improving Well-being in In-house Legal Teams: Practical Checklist for Culture, Support, Flexible Working and Continuous Monitoring

This Checklist outlines actions to raise awareness of, and enhance, well-being within the in-house legal team. Management training and development - equip managers with the core capabilities and insight to properly oversee and champion team well-being by making sure they are trained in: mental health awareness and recognising early warning signs. See Practice Notes: Understanding mental health and well-being and Well-being in legal teams emotional intelligence and effective active listening skills. See Practice Note: Unlocking your emotional intelligence-how working better with others helps to put you ahead conducting supportive well-being conversations setting the tone by being self-aware Mental health support structure - establish supportive systems and resources...

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CHECKLISTS
Advising employer clients on changing terms and conditions: step-by-step checklist reflecting the 2024 Statutory Code on dismissal and re‑engagement (fire and re‑hire) (England, Wales and Scotland)

This checklist is aimed at an employer client This checklist sets out the steps an employer will ordinarily follow when looking to introduce changes to terms and conditions of employment that are not authorised by employees’ current contracts. It aligns with the Statutory Code of Practice on dismissal and re-engagement (the Code), which took effect on 18 July 2024. For further information on the Code, see Practice Note: Changing terms and conditions of employment—Statutory Code of Practice on ‘fire and re-hire’. Among other points, the Code makes clear that an employer should not float the possibility of dismissal too early, as this may hinder efforts to reach a consensual outcome. It also states that: a threat of dismissal must not be used as a bargaining device to place undue pressure on employees where the employer is not genuinely contemplating dismissal to achieve its aims the employer should approach Acas for guidance before introducing the prospect of dismissal and re-engagement For a...

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CHECKLISTS
Employment practitioners’ checklist for changing contract terms, consultation duties and dismissal and re‑engagement under the 2024 Acas Statutory Code (England, Scotland and Wales)

Checklist This checklist is designed for employment lawyers and outlines the measures an employer will usually follow when wishing to implement amendments to terms and conditions of employment that are not authorised under employees’ current contracts. For broader guidance on the legal and practical considerations around making changes to employment contracts, see Practice Note: Changing terms and conditions of employment. This checklist aligns with the Statutory Code of Practice on dismissal and re-engagement (Code), which took effect on 18 July 2024. For further detail on the Code, see Practice Note: Changing terms and conditions of employment—Statutory Code of Practice on ‘fire and re-hire’. Although flagging the possibility of dismissal and re-engagement at the outset may compress the process, the Code emphasises that an employer should not introduce the prospect of dismissal unduly early, as this can undermine attempts to secure an agreed resolution and may hamper efforts to reach an agreed outcome...

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NEWS
Pensions Ombudsman: maladministration for inadequate due diligence, but complaint not upheld—transfer inevitable; £500 distress award (Mr S, CAS-52887–B6H4)

Original news: Mr S (CAS-52887–B6H4) – 8 July 2024 Summary The PO has partly upheld a complaint concerning a scheme’s pension transfer due diligence. The complainant first applied to transfer before the Pensions Regulator (TPR) released its Scorpion guidance, then revived his request once that guidance was in force. The scheme ought to have identified several red flags, and its failure amounted to maladministration. Nonetheless, the scheme had sufficiently cautioned about the risks of pension scams, and the complainant would, in any case, have proceeded with the transfer. The PO’s decision underscores the importance of warning members about pension scam risks. What were the facts? Mr S was a member of the City and County of Swansea Pension Fund (the Scheme)...

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NEWS
Local government legal update: Mental Health Bill progress, adult social care inquiry, housing possession rulings, key planning judgments, LGPS cohabitation decision, Welsh Budget response, and sector guidance, 7 November 2024

In this issue: Autumn Budget 2024 Social care Social housing Education Governance Children’s social care Healthcare Pensions Planning LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Latest Q&A Autumn Budget 2024 Welsh Government responds to Autumn Budget 2024 The Welsh Government has issued a written statement from the Cabinet Secretary for Finance and the Welsh Language, Mark Drakeford, addressing the Autumn Budget 2024. Wales will receive an extra £774m. Drakeford characterises the Budget as a positive boost for Wales, supporting citizens, communities, local enterprises and public services across the country nationwide. See: LNB News 31/10/2024 33. Social care When is a private care provider exercising a public function for the purposes of section 6 Human Rights Act 1998? (Sammut v Next Steps Mental Healthcare Ltd) Because the provider did not validly obtain authorisation for depriving a patient of liberty in its...

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NEWS
Mitigating AI-based challenges in arbitration: delegation limits, transparency and AI clauses for terms of reference and procedural orders, with lessons from Lapaglia v Valve and EU AI Act risks

That urgency is visible both in evolving best practice—like adding AI clauses to terms of reference and procedural orders—as well as in the first tranche of objections claiming improper dependence on AI. A 9 December 2025 ruling by the US District Court for the Southern District of California, Lapaglia v Valve, 3:25-cv-00833, shows how even untested assertions that an arbitrator ‘ghostwrote’ an award with AI can bleed into collateral litigation, trigger due process worries, and pose reputational exposure. It is an early warning that clearly underscores the pressing need for explicit AI protocols, human‑in‑the‑loop safeguards, and transparent disclosures aligned with party expectations and applicable law. This article summarises Lapaglia v Valve and distils practical guidance from earlier, closely analogous practice on tribunal delegation and nascent generative AI recommendations, setting out a clear, forward‑looking framework for what tribunals and counsel should appropriately embed in their arbitration engagement rules now to reduce the risk of AI‑based challenges later. Lapaglia v Valve Lapaglia concerned a consumer arbitration administered by the American...

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PRACTICE NOTES
NEC4 contracts: comprehensive summary of changes from NEC3 across the ECC and wider suite

This Practice Note is archived and no longer updated or maintained. It outlines the differences introduced in the NEC4 standard form construction contracts when set against the NEC3 versions. It also summarises the changes from NEC3 across the standard forms. The spotlight is on the NEC4 Engineering and Construction Contract (ECC), though many ECC revisions mirror those rolled out across the broader NEC suite. Many of the points made in relation to the ECC are indicative of suite-wide adjustments. The NEC characterises NEC4 as an ‘evolution not revolution’, building on NEC3. The bulk of NEC4’s revisions appear aimed at embedding sound practice and/or cutting reliance on Z clauses (ie bespoke amendments). For further details on NEC contracts in general, including their structure, see Practice Note: NEC contracts—introduction. Publication of NEC4 The NEC4 contracts were issued by the Institution of Civil Engineers on 22 June 2017...

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PRACTICE NOTES
EU Landfill Directive: scope, waste acceptance and prohibitions, permitting and operational rules, monitoring and aftercare; municipal/biodegradable landfill reduction targets; 2018 and 2024 amendments; links to IED and methane measures.

Key information EU Landfill Directive Official title: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (the Landfill Directive) Entry into force: 16 July 1999 Transposition deadline: 16 July 2001 National implementation: See Eur-Lex information on national transposition measures as provided by Member States Key amendments: Directive 2011/97/EU (5 December 2011) modifying the Landfill Directive on specific criteria for storing metallic mercury deemed waste. In force from 13 December 2011; Member States’ transposition deadline: 15 March 2013. Directive (EU) 2018/850 (30 May 2018) amending the Landfill Directive. In force from 4 July 2018; Member States’ transposition deadline: 5 July 2020. Directive (EU) 2024/1785 of the European Parliament and of the Council (24 April 2024) amending Directive 2010/75/EU and Council Directive 1999/31/EC on the landfill of waste. In force 4 August 2024; Member States’ transposition deadline: 1 July 2026. Subject: Waste, landfill Objectives and purpose ...

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PRACTICE NOTES
JCT Framework Agreement: comparative guidance on 2011/2016/2024 editions, call-off mechanics and Procurement Act 2023 alignment with drafting considerations

JCT FA The JCT issues a standard-form framework agreement known as the JCT FA. First appearing in 2005 in both binding and non-binding formats, it was then consolidated into a single revised edition in 2007. Subsequent updates followed in 2011, and again in 2017 (marketed as the 2016 edition as it sits within the JCT 2016 suite), with the latest update in 2025 (as part of the JCT 2024 suite). This Practice Note addresses the 2011, 2016 and 2024 editions, drawing out differences where pertinent. While the texts are largely alike, it should be noted at the outset that elements of the 2024 amendments were aimed at mirroring reforms to the public procurement regime introduced by the Procurement Act 2023 (PA 2023). PA 2023 came substantially into force on 24 February 2025. For further detail on PA 2023, see the Practice Notes: Introduction to the Procurement Act 2023—PA 2023; Key Implications of the Procurement Act 2023 for Construction Lawyers; and Procurement Act 2023—drafting considerations for construction contracts. For more...

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PRECEDENTS
Schedule of Employer‑Favouring Amendments to JCT SBC/AQ 2016 (England): Building Safety Act/HRB, Dutyholder and CDM compliance; design liability; collateral warranties; insurance; payment; insolvency; adjudication (arbitration removed)

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...

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