Legal Precedents

Payment notice Reference: [ insert appropriate reference to the contract and project ] Date: [ insert date ] To: [ insert recipient’s name ] Payment due date: [ insert the relevant due date of the payment, determined in accordance with the contract ] Date of [ sub- ] contractor’s payment application: [ insert date of payment application (if relevant) ] Payment application reference: [ insert reference number (if relevant) ] This notice is issued under section 110A of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert number ] of the contract dated [ insert date ]. Outlined below is the amount that [ we OR [ insert identity of payer if appropriate ] ] assess to be, or to have been, due on the payment due date, together with the reasoning used to arrive at that...

And in accordance with the [ insert [ ‘ Scheme for Construction Contracts 1998’ OR relevant adjudication procedure chosen by the parties ] ] Between: [ Name of party 1 ] (the Referring Party) and [ Name of party 2 ] (the Responding Party) Introduction By virtue of the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), together with [ [ ‘the Scheme for Construction Contracts ( England and Wales) Regulations 1998’ (‘the Scheme for Construction Contracts 1998’)’ OR the alternative adjudication procedure selected by the parties ] ], this document concerns the dispute set out below. The Parties and Addresses for Service The Referring Party is [ Full Name of Party 1 ] (‘[ Abbreviated Name of Party 1 ]’) of [ address ]. The Referring Party is [ set out brief description of the work it...

Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] ( Including, inter alia, the JCT Standard Building Sub- Contract with sub-contractor’s design Agreement 2016 ( SBCSub/ D/ A 2016) and the JCT Standard Building Sub- Contract with sub-contractor’s design Conditions 2016 ( SBCSub/ D/ C 2016), as varied and augmented in the manner specified in this Agreement and in the Schedules appended.) This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Contractor ] (‘the Contractor’); [ insert name of the Sub- Contractor ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Sub-...

Precedent green clauses These model green provisions are designed for insertion within construction agreements, adapting sustainable practices and net zero-aligned terms sourced from the Chancery Lane Project ( TCLP)’s construction clauses for deployment in......

Agreement concerning [ insert brief details of the works/project ] at [ insert address of works ] (including, among other things, the JCT Standard Building Sub- Contract Agreement 2016 ( SBCSub/ A 2016) and JCT Standard Building Sub- Contract Conditions 2016 ( SBCSub/ C 2016), each as amended and added to as described in this Agreement and the Schedules attached) This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Contractor ] (company registration number [ insert number ]) whose registered office is at [ insert address of the Contractor ] (‘the Contractor’); [ insert name of the Sub- Contractor ] (company registration number [ insert number ]) whose registered office is at [ insert address of the Sub- Contractor ] (‘the Sub-...

Enforcing an adjudicator’s decision We recognise that, after the Adjudicator issued their decision (the Decision), [ insert name of the responding party ] has declined to pay the sums the Adjudicator directed be paid to you. You have asked us to set out what steps you may take against [ insert name of the responding party ] to compel compliance with the Decision. While adjudicators’ decisions are binding as a matter of law, they do not carry the same standing as court judgments, and therefore cannot be executed in the same manner. Consequently, to require [ insert name of the responding party ] to honour the Decision, you will need to apply to the court. A number of court procedures are available to secure enforcement of adjudicators’ decisions. The approach most often...

Agreement in relation to [ insert brief details of the works/project ] at [ insert address of works ] ( Incorporating, inter alia, the NEC4 Professional Services Contract 2017 with the January 2019 Amendments, October 2020 Amendments and January 2023 Amendments, as varied and augmented in the manner set out in this Agreement and in the Schedules appended hereto). This Agreement is dated the [ insert number ] day of [ insert month ] 20[ insert year ]. Parties [ insert name of the Client ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Client ] (‘the Client’); [ insert name of the Consultant ] (company registration number [ insert number ]), whose registered office is at [ insert address of the Consultant ] (‘the...

Date Parties [ insert name ] ( Company Registration No. [ insert number ]), having its registered office at [ insert address ] (the Assignor) [ insert name ] ( Company Registration No......

The Party Wall etc Act 1996 Acknowledgement of Notice To [ Insert Building Owner ] Of [ insert Building Owner’s main address ] As Adjoining Owner [ s ] under the Party Wall etc Act 1996 (“the Act”) of [ Insert Adjoining Owner’s/ Owners’ building address ], and having received notice dated [ insert date ] regarding proposed works at [ Insert Building Owner’s building address ], and without prejudice to any of my/our rights under the Act, [ I am OR We are ] content for the works described in your notice to proceed as proposed. [ [ I OR We ] [ grant OR withhold ] consent for the special foundations. ] [ [ I OR We ] [ am OR are ] [ content OR not content ] for you to commence works on the earlier date of [ insert date ]. ] Signed: [ insert...

CONTRACT DETAILS M. Supplementary Rights This Contract comprises executed RIBA Standard Professional Services Contract 2020 (amended 2024), published by the Royal Institute of British Architects, subject to these changes: In every instance, directly after ‘on the terms attached hereto as Appendix’, delete words ‘provided such terms are substantially no more onerous than the above’......

Schedule of amendments to the jct MANAGEMENT building contract 2016 This Contract consists of the completed and finalised Management Building Contract 2016 published by the JCT, to which the following changes apply: Recitals The Articles Article 2: [ Article 2] [ See drafting note] Article 6 – Principal Designer: After the words ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’. Article 7: After the words ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’. At the end, insert: ‘ The Prime Cost and/or Management Fee includes the Management Contractor’s price for fulfilling the duties of Principal Contractor’. Article 11 – Arbitration: Delete Article 11 and instead provide: ‘ All references to arbitration in this Contract are deleted.’ Article 13: Insert a new Article 13 [ To be added on the face of the contract]: ‘ Schedule of Amendments The Employer and the...

[ BEFORE THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] ] ] [ State division ] [ Designate specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT IN [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Parties: [ insert name ] Claimant and......

Payee’s payment notice in default of payer’s notice Reference: [ insert appropriate reference to the contract and project ] Date: [ insert date ] To: [ insert recipient’s name ] Payment due date: [ insert the relevant due date of the payment, determined in accordance with the contract ] This notice is issued pursuant to section 110B of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert number(s) ] of the contract dated [ insert date ], in the absence of a payer’s notice. Set out below is the sum we believe is, or was, payable on the payment due date together with the rationale for its calculation: Sum due at the payment due date: £[ insert amount due at payment due date ] Basis of calculation: Set out the basis of the calculation/refer to separate...

The Project Manager shall: General responsibilities act as the Client’s agent, issuing information and directives to the Project Team on the Client’s behalf; receive the Client’s instructions and Project-related information; report to the Client as necessary; keep the Client informed at all stages of the Project and ensure the Client’s interests are properly represented in all activities and decisions (to which it is a party) associated with the Project; provide written reports to the Client at not less than [ insert, eg monthly ] intervals in accordance with the Client’s requirements and in a format approved by the Client; take all reasonable measures to anticipate issues, mitigate risk, and resolve problems to the Client’s best advantage; ensure the Project Team give due regard to time and cost constraints when making decisions and issuing instructions; manage the design, procurement and delivery of the works, ensuring they meet the Client’s...

Schedule of amendments to the jct Construction Management trade contract 2016 The Trade Contract comprises the completed Construction Management Trade Contract 2016 ( CM/ TC 2016) issued by the JCT, subject to the following revisions: Recitals [ See drafting note ] Articles Article 6 – Principal Designer: Following the words ‘for the purposes of the CDM Regulations’, add ‘and the Dutyholder Regulations’. Article 7 – Principal Contractor: Following the words ‘for the purposes of the CDM Regulations’, add ‘and the Dutyholder Regulations’. Article 8 – Arbitration: Omit Article 8 and replace with ‘ Not used.’ Article 10: Insert a new Article 10 as set out here: ‘ Article 10 [ To be added on the face of the contract] Schedule of Amendments The Employer and the Trade Contractor agree that the amendments in the Schedule of Amendments appended hereto (bearing the parties’...

Letter for employer to send to construction/design team in the event of a design consultant becoming insolvent [ [ Employer’s letterhead ] OR [ Employer’s postal address ] ] [ Contact person, role title and division ] [ Contractor or consultancy firm name ] [ Postal address ] Dear [ recipient name ] [......

[ NAME OF PROJECT ]: REFERENCE OF A DISPUTE TO THE DAAB UNDER CLAUSE 21.4 DAAB Reference No. DAAB Reference No. [ Number of reference ] | [ Date ] Referring Party [ Name of Party 1 ] [ Address ] [ Telephone/ Fax No. ] [ Email address ] [ ON THE HEADED NOTEPAPER OF THE REFERRING PARTY ] Responding Party [ Name of Party 2 ] [ Address ] [ Telephone/ Fax No. ] [ Email address ] The DAAB [ Name of DAAB Chairperson ] — [ Address ] — [ Telephone/ Fax No. ] — [ Email address ] [ Name of DAAB Member 2 ] — [ Address ] — [ Telephone/ Fax No. ] — [ Email address ] [ Name of DAAB Member 3 ] — [ Address ] — [...

[ NAME OF PROJECT ] NOTICE OF DISSATISFACTION WITH THE DAAB’ S DECISION DAAB Case No....

Variations can also push back the completion date, and may give the Claimant a right to extra time and to prolongation costs. These elements of a variation claim are commonly pursued separately, as an extension of time claim and a prolongation costs claim. By way of illustration, the principal JCT forms provide distinct procedures: one for pricing the changed work, and another for evaluating loss and expense arising from the variation’s effect on the progress of the works (see Practice Note: JCT contracts—variations — Valuing variations under JCT contracts). Accordingly, Claimants should take care not to ‘double dip’ across the separate elements of the claims. No. Description of Variation Claimant’s case Defendant’s response Judge/ Tribunal comments The Claimant intended to adopt slab foundations for block A, as depicted on the Claimant’s drawing reference XX dated XX. By email dated XX, the Defendant directed the use of...

This Contract consists of the finalised Constructing Excellence Contract 2024 Edition issued by the JCT, and is varied by the amendments set out below: CONTRACT PARTICULARS The Parties’ completed Contract Particulars shall apply, subject to these changes: Part 1: Details Relevant to the Conditions 4.33 Rectification Period: add a new bullet after the second bullet stating ‘from receipt of the completion certificate from the Building Safety Regulator in respect of’. 8.6 Limitation on liability of Supplier: delete entry. 12.1 Supplementary Conditions—footnote on clause 12.3: delete from footnote 20 the wording ‘clause 12.3 ( The Public Contracts Regulations 2015) only applies where stated in those provisions’. Part 8: Third Party Rights and Collateral Warranties 8....