Introduction It is usual for clients to insist on a fixed price contract, whereby the contractor takes the risk of all changes in the cost of the works due to statutory revisions and market price fluctuations. However, after decades of price stability and the ability of contractors to price inflationary

Take Notice! A Brief Guide to NEC Contract Notices Author: Eugene Lenehan May 2022 This Guide identifies the numerous types of notice to be issued under the NEC4 Engineering and Construction Contract (“ECC”). Notices have to be issued by the Client, Contractor, Project Manager and Supervisor. This Guide also focuses

Author: Eugene Lenehan April 2022 Introduction Given the competitive nature of the construction industry, with contractors regularly winning jobs on very tight margins, they frequently rely on variations to increase their profit margin. It is extremely rare for any construction project to be completed entirely in accordance with the original

A Brief Guide to the Influence of Latin on English Law Author: Eugene Lenehan March 2022 Introduction Younger readers might not recognise the famous line from Monty Python’s ‘Life of Brian’. It is probably the most quoted line from this classic British comedy, made in 1979. Brian, an ordinary man from Nazareth,

Fussed about Trust? A Brief Guide to Good Faith and NEC Clause 10 Author: Eugene Lenehan February 2022 Introduction The relationship among members of a construction project team is as important as it is unpredictable, with every stage of a project providing abundant opportunity for misunderstanding and frustration. Studies have found

Author: Eugene Lenehan September 2021 Introduction NEC Option Z is called “Additional conditions of contract”. However, ‘Z clauses’ (as they have become known) are understood to be any bespoke amendments to an NEC contract, whether they add to, or alter, the standard NEC conditions. We believe Z clauses are used

A Brief Guide to Letters of Intent Author: Eugene Lenehan September 2021 Introduction Using letters of intent to start construction works is akin to playing with fire! In fact, it is rare for a year to pass by without there being at least one court case involving a letter of

Author: Eugene Lenehan August 2021 A Brief Guide to Payment Procedures and the Construction Act Payment has long been the most adversarial issue in the Construction Industry. So much so that in 1998 a law was passed by Parliament to help contractors and subcontractors achieve confidence in what to expect

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I always enjoy winning a bet! A curtain walling subcontractor brought an adjudication against one of my main contractor clients, claiming circa £725K (in respect of the value of variations). I bet £20 with Andrew (the Project Director from my client) that we wouldn’t have to pay them a penny!