Legal Precedents

Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court ( TCC) conducted under, and set out in, CPR 60, CPR PD 60 and the TCC Guide, as applicable. Because these provisions supplement the CPR’s general rules, it ought to be read alongside the broader guidance on preparing for and attending trial, including Trial—overview, which in turn links to further detailed guidance on specific aspects of trial preparation and attendance shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may qualify for, or fall within, one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and the flexible trials scheme. For further information on these schemes, see the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property...

Note: This Practice Note supplies specific, practical direction for matters proceeding in the Technology and Construction Court ( TCC) governed by CPR 60, CPR PD 60 and the TCC Guide. As these provisions operate in addition to the CPR’s broader rules, it should be read alongside the general guidance on preparing for and attending trial, including Trial—overview, which in turn links through to detailed material on particular aspects of trial preparation and attendance. Shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may qualify for, or be subject to, one or both schemes under CPR PD 57AB: the shorter trials scheme and/or the flexible trials scheme. For further details, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme. Electronic working—for guidance on electronic working in the TCC, see Practice Note:...

Claim No. [ enter claim number ]...

Claim No. [ enter claim number ]...

Claim No. [ provide claim number ]...

Filed on behalf of the Defendant Witness statement by [ enter the witness's initial and surname as required ] Statement number: [ enter the sequential number for this witness's statement ] Exhibit particulars: [ enter initials and the number of each exhibit mentioned as applicable ] Date the statement was prepared: [ enter date here ] [ Date of translation: [ enter date ] ] Claim reference number: [ enter claim number in full ] ......

[ Address/headed paper of responding party ][ Date ][ Address of adjudicator ] Dear [ insert name of adjudicator ] In the matter of an adjudication between [ referring party ] v [ responding party ] Lack of jurisdiction as an adjudicator We have received: Notice of Adjudication dated [ date ] Referral Notice dated [ date ], served [ date ], by [ referring party ] Your letter of [ date ] accepting appointment as adjudicator. We respectfully say you lack jurisdiction to act, commence or continue this adjudication. General reservation of rights We reserve the right to raise jurisdictional or other objections later: in this or any adjudication, enforcement or other proceedings; whether or not previously raised; and any submissions herein are without prejudice to these rights. Specific objections You have no jurisdiction to decide this dispute because: [ insert reasons ] No...

Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court ( TCC) applying CPR 60, CPR PD 60 and the TCC Guide. As these sit in addition to the CPR’s general provisions, this Practice Note should be read alongside general guidance on preparing for and attending trial, including Trial—overview, which in turn links to detailed guidance on specific aspects of preparing for and attending trials shorter and flexible trials schemes— TCC claims issued on or after 1 October 2015 may fall within, or be appropriate for, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details, consult the Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme electronic working—for information on electronic working in the TCC, see Practice Note: TCC—starting a claim— High Court or County...

Contractor’s programme 1 Within seven days from the Contract date, the Contractor, at no additional cost, shall supply and deliver to the Employer a programme for execution of the Works [ setting out the critical path and ] and incorporating particulars and data required by the [ insert relevant contract document eg Employer’s Requirements if JCT Design and Build form used ]. Thereafter, at monthly intervals, the Contractor shall: 1.1 submit a written report to the Employer comparing the progress of the Works against the programme then current; 1.2 advise the Employer of any delay in accordance with clause [ insert relevant clause reference ]; 1.3 provide the Employer with a revised programme for the Works......

Schedule of amendments to the jct intermediate building contract with contractor’s design 2016 The Contract consists of the executed Intermediate Building Contract with contractor’s design 2016 published by the JCT, and is subject to the following changes: Recitals Seventh Recital – Omit the opening sentence and substitute: ‘ The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ Ninth Recital – Delete and replace with: ‘ The Contractor has supplied the Architect/ Contract Administrator with a master programme and a Schedule of Information...

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. ...

RECITALS Fifth Recital replaced: the Contractor has issued a master programme and a Schedule of Information Requirements Twelfth Recital replaced: the Contractor has inspected the Site, confirmed suitability, verified Employer’s Requirements where there is a CDP, and accepts full design responsibility ARTICLES Articles 5 and 6 extended to include the Dutyholder Regulations; Contract Sum covers Principal Contractor duties Arbitration deleted; new Article 10 gives precedence to the Schedule of Amendments; new Article 11 imposes compliance with Third Party Agreements and related liabilities CONTRACT PARTICULARS Arbitration entry removed; Rectification Period set to 12 months; fluctuations omitted; various entries on CDP insurance, bonds, and third party rights adjusted CONDITIONS Updated definitions (including Building Safety Regulator, HRB, Dutyholder Regulations, Practical Completion); arbitration references deleted Approvals do not dilute Contractor obligations; stricter CDP, materials and golden thread duties; enhanced programme, reporting and HRB...

The Contract consists of the executed JCT Standard Building Contract With Quantities 2016, to which the following changes apply as follows: RECITALS Fifth Recital Remove the existing Fifth Recital and replace it with: ‘ The Contractor has supplied the Architect/ Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital For the Twelfth Recital, delete the opening sentence and substitute: ' The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.' ARTICLES Article 5 In Article 5, at the first line following ‘for the purposes of the CDM Regulations’, add ‘and the...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ Insert name of building owner ] (‘ Building Owner’), [ insert Building Owner’s main address ]. As adjoining owner under the Party Wall etc Act 1996 (‘the Act’) for [ insert address of adjoining owner’s building ], on notice dated [ insert date ] re proposed works at [ insert address of Building Owner’s building ], without prejudice to my/our rights, [ I OR we ]: [ Delete as appropriate ] [ Consent OR Do not consent ] to a party wall astride our boundary as proposed. [ [ Consent OR Do not consent ] to special foundations on our land. ] [ [ Consent OR Do not consent ] to an earlier start date of [ insert date ]. ] [ I OR we ] accept [ insert...

The Party Wall etc Act 1996 Notice of proposed works— Line of Junction Notice To [ insert Adjoining Owner ], [ insert Adjoining Owner’s main address ] [ Insert Date ] As owner(s) of [ insert Building Owner’s building ] adjoining your property at [ insert Adjoining Owner’s building ], [ insert Building Owner ] of [ insert Building Owner’s main address ] gives notice that, under section 1 of the Act, we plan to build on the line of junction of our properties. The wall will be wholly on our land to the boundary, with footings and foundations under your land as allowed by section 1(6). The proposed works are: [ insert description of the wall ]. With your written consent under section 7(4), we propose laying special foundations beneath your land. Works will start on [ date of works ] [ or, with your written...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert Building Owner ] Of [ insert Building Owner’s main address ] As the Adjoining Owner/s under the Party Wall etc Act 1996 (the Act) for [ insert Adjoining Owner’s building address ], and upon receipt of a notice dated [ insert date ] concerning the intended works at [ insert Building Owner’s building address ], and without prejudice to any of my/our rights under the Act, [ I OR We ] hereby consent to the works detailed in your notice as proposed, subject to the Act. [ [ I am OR We are ] [ content OR not content ] for you to begin work on the earlier date of [ insert date ] ] . Signed: [ insert signature ] Print name/s: [ insert printed name/s ] Date: [ insert date ]......

The Party Wall etc Act 1996 Notice of proposed works— Line of Junction Notice To [ Insert Adjoining Owner ], [ Adjoining Owner’s main address ], [ Insert Date ] I/we, [ Insert Building Owner ] of [ Insert Building Owner’s main address ], owner(s) of [ Insert Building Owner’s building ] next to [ Insert Adjoining Owner’s building ], give notice under s1 of the Party Wall etc Act 1996 to build on the Line of Junction, erecting a party wall. If you consent, sign and return the attached letter within 14 days of service; s1(3) then applies. Else we will build wholly on our land up to the boundary at our cost. Works: [ insert description of the wall ] Start: [ insert date of works ] [ or [ insert date ] with your written agreement ]. Add if applicable — Under s1(6),...

To [ Insert name of Adjoining Owner ] at [ Adjoining Owner’s main address ] [ Insert Date ] The Party Wall etc Act 1996 Notice of proposed works—section 6 of the Party Wall etc Act 1996 As the proprietor(s) of [ Insert Building Owner’s building ], which adjoins your property at [ Insert Adjoining Owner’s building ], I/we, [ Insert Building Owner ] of [ Insert Building Owner’s main address ], hereby provide you with notice that, in line with our rights under [ section 6(1) of the Party Wall......

To [ insert name of building owner ] (‘ Building Owner’), [ insert Building Owner’s main address ] The Party Wall etc Act 1996 Acknowledgement of Notice As the adjoining owner/s under the Party Wall etc Act 1996 (the Act) for [ insert address of adjoining owner’s building ], and having received notice dated [ insert date ] about works at [ insert address of Building Owner’s building ], and without prejudice to any of [ my OR our ] rights under the Act, [ I am OR We are ] not content for the works in your notice to proceed as proposed. [ My OR Our ] objections: [ insert objections ] Now in dispute under the Act: [ I OR we ] agree to [ insert agreed surveyor’s name and contact details ] as agreed surveyor. [ I OR we ] reject your...

The Party Wall etc Act 1996 Acknowledgement of Notice To [ insert name of building owner ] (‘ Building Owner’) At [ insert Building Owner’s primary address ] As the adjoining owner[s] under the Party Wall etc Act 1996 (the Act) of [ insert adjoining owner’s building address ] and having been given notice dated [ insert......