What you need to know about liquidated and ascertained damages (LADs)

Quantum of Solace Liquidated and ascertained damages (LADs or LDs) are a predetermined measure of damage agreed between parties to a construction contract before the contract is finalised. LADs are mostly used to deal with culpable delay; however, they can be utilised in connection with the occurrence of any specified contract breaches. LADs are applied […]

Responding to an Adjudication Referral

Going second shouldn’t mean coming second. The adjudication process is open for the parties to a Construction Contract to utilise ‘at any time’ and cannot be contracted out of. Timetables are very tight and do not allow any room for complacency on either side; particularly for the Responding Party. A typical adjudication will adhere to […]

Construction: delay and disruption protocol

Such are the problems caused by delay and disruption within the construction industry, the Society of Construction Law has published its own delay and disruption protocol; an eighty four page document now in its second edition. Whilst most contractors will certainly not need to memorise the entire protocol, any business operating within the construction industry […]

Party Wall Act Injunction

Are you faced with a Party Wall Act Injunction? Are you contemplating applying for one? There are a number of important facts that should be considered very carefully before you do anything else. What is a Party Wall Act Injunction? A court order which tells a party to do something or to stop doing something. Read more […]

HSE Investigations and Interviews under Caution

Whenever serious incidents do occur (whether or not they are subsequently subject to HSE investigation) companies must seek to ensure that their policies and systems are designed to quickly and effectively respond; in order to minimise any potential likelihood of repetition and to properly manage any potential consequences for affected parties. Where the Health and […]