Construction Law Terms: A to Z

O is for Omissions

Huw Wilkins considers an employer’s power to omit and redistribute work, which is dependent upon the express wording of the construction contract. He takes a closer look at how the JCT, FIDIC and NEC forms deal with omissions, and provides practical tips and considerations for parties to a construction contract.

N is for Notices

Huw Wilkins considers notices, which are commonly required in construction contracts. Looking at notices relating to payment and to claims, Huw summarises recent case law and shares some practical tips to help contractors comply with contractual notice provisions.

M is for Mediation

Huw Wilkins considers mediation, a type of alternative dispute resolution procedure, including why parties agree to mediation, practical considerations to make and what the process looks like in practice. 

L is for Liquidated Damages

Huw Wilkins considers the difference between liquidated damages and general damages, as well as reasons why parties agree to liquidated damages provisions, whether liquidated damages are an exclusive remedy, how one might challenge a liquidated damages provision, and whether liquidated damages can be recovered for a period after termination of the contract.

K is for Key Dates

Huw Wilkins considers how the Key Dates mechanism found in NEC contracts differs from the more commonly known ‘sectional completion’ mechanism and looks at issues to consider when Key Dates are used.

J is for Joint Venture

Huw Wilkins considers the use of joint ventures in construction projects and issues for parties to consider when entering into a joint venture.