Construction Law and Contracts
Expert-defined terms from the Postgraduate Certificate in Construction Law and Contracts course at London School of Planning and Management. Free to read, free to share, paired with a professional course.
Abandonment refers to the termination of a construction project by… #
This can be due to various reasons such as financial difficulties, disputes with the employer, or unforeseen site conditions. Related terms include termination, repudiation, and breach of contract. In construction law, abandonment can have significant consequences, including liability for damages and potential claims for loss and expense.
Acceleration refers to the increase in the rate of work on a co… #
This can be achieved through overtime work, increasing the workforce, or improving work methods. Related terms include programming, planning, and scheduling. In construction law, acceleration can be a complex issue, particularly when it comes to costs and entitlement to payment.
Acceptance refers to the formal approval of a construction … #
This can be express or implied, and is usually conditional upon the work meeting certain standards or specifications. Related terms include completion, handover, and defects liability. In construction law, acceptance is a critical issue, as it can affect the transfer of risk and responsibility from the contractor to the employer.
Adjudication refers to a formal process for resolving di… #
This involves the appointment of an adjudicator who reviews the dispute and makes a binding decision. Related terms include arbitration, mediation, and litigation. In construction law, adjudication is a popular method for resolving disputes, as it is often faster and less expensive than traditional litigation.
Advance payment refers to a payment made by the employer to the <i… #
This is usually conditional upon the contractor meeting certain milestones or targets. Related terms include payment schedules, retention, and performance bonds. In construction law, advance payments can be a complex issue, particularly when it comes to security and repayment.
Arbitration refers to a formal process for resolving dis… #
This involves the appointment of an arbitrator who reviews the dispute and makes a binding decision. Related terms include adjudication, mediation, and litigation. In construction law, arbitration is a popular method for resolving disputes, as it is often faster and less expensive than traditional litigation.
Back #
to-back contracts refer to a series of contracts that are linked together, where the terms and conditions of one contract are mirrored in another. This is often used in construction projects where there are multiple parties involved. Related terms include subcontracts, supply chains, and collaboration agreements. In construction law, back-to-back contracts can be a complex issue, particularly when it comes to liability and responsibility.
BIM refers to Building Information Modelling , which is a <b… #
This can be used to improve collaboration, reduce errors, and increase efficiency in construction projects. Related terms include CAD, GIS, and digital twin. In construction law, BIM can be a valuable tool for managing risk and responsibility.
Bond refers to a form of security that is provided by the <… #
This can be in the form of a payment bond, performance bond, or retention bond. Related terms include guarantees, warranties, and indemnities. In construction law, bonds can be a complex issue, particularly when it comes to enforcement and claims.
Breaches of contract refer to a failure by one or both parties to… #
This can be minor or major, and can have significant consequences for the project and the parties involved. Related terms include repudiation, termination, and damages. In construction law, breaches of contract can be a common issue, particularly when it comes to payment, time, and quality.
Building contract refers to a type of contract that is used in the… #
This can include standard forms of contract, such as the JCT or NEC contracts. Related terms include construction contract, civil engineering contract, and architectural contract. In construction law, building contracts can be a complex issue, particularly when it comes to interpretation and enforcement.
Certification refers to the process of verifying that a constru… #
This can be done by a third-party certifier, such as a building control body or a professional institution. Related terms include compliance, accreditation, and approval. In construction law, certification can be a critical issue, particularly when it comes to building regulations and safety standards.
Collaboration refers to the process of working together between di… #
This can be done through formal agreements, such as partnership agreements or framework agreements. Related terms include coordination, communication, and integration. In construction law, collaboration can be a key issue, particularly when it comes to risk management and dispute resolution.
Completion refers to the point at which a construction project or… #
This can be practical completion or final completion, depending on the terms of the contract. Related terms include handover, defects liability, and maintenance period. In construction law, completion can be a complex issue, particularly when it comes to certification and payment.
Construction management refers to the process of planning , orga… #
This can be done by a construction manager or a project manager, who is responsible for coordinating the work of different parties involved. Related terms include project management, building management, and facilities management. In construction law, construction management can be a critical issue, particularly when it comes to risk management and dispute resolution.
Contract administration refers to the process of managing and a… #
This can be done by a contract administrator or a project manager, who is responsible for ensuring that the contract is performed in accordance with its terms. Related terms include contract law, contract management, and dispute resolution. In construction law, contract administration can be a complex issue, particularly when it comes to interpretation and enforcement.
Contractor refers to the party responsible for carrying out the <i… #
Related terms include employer, client, and principal. In construction law, contractors can be liable for breaches of contract, particularly when it comes to time, cost, and quality.
Damages refer to a form of compensation that is awarded to… #
This can be liquidated damages or unliquidated damages, depending on whether the amount of damages is specified in the contract or not. Related terms include loss, expense, and injury. In construction law, damages can be a common issue, particularly when it comes to delays, defects, and disruptions.
Delay refers to a failure to complete a construction projec… #
Related terms include extension of time, liquidated damages, and concurrent delays. In construction law, delays can be a complex issue, particularly when it comes to notification, entitlement, and recovery.
Design refers to the process of creating and developing a <… #
Related terms include planning, detailing, and specification. In construction law, design can be a critical issue, particularly when it comes to intellectual property, copyright, and liability for errors or omissions.
Dispute resolution refers to the process of resolving disputes<… #
Related terms include alternative dispute resolution, dispute boards, and expert determination. In construction law, dispute resolution can be a complex issue, particularly when it comes to procedure, jurisdiction, and enforceability.
Employer refers to the party who commissions a construction … #
Related terms include contractor, subcontractor, and supplier. In construction law, employers can be liable for breaches of contract, particularly when it comes to payment, time, and quality.
Extension of time refers to a request by the contractor for an … #
Related terms include delay, liquidated damages, and concurrent delays. In construction law, extensions of time can be a complex issue, particularly when it comes to notification, entitlement, and recovery.
Final account refers to the final account of the contractor's</… #
Related terms include interim payments, payment schedules, and final certification. In construction law, final accounts can be a complex issue, particularly when it comes to valuation, variation accounts, and disputes over payment.
Guarantee refers to a form of security that is provided by… #
Related terms include bond, warranty, and indemnity. In construction law, guarantees can be a complex issue, particularly when it comes to enforcement and claims.
Handover refers to the process of transferring a construction</… #
Related terms include completion, defects liability, and maintenance period. In construction law, handover can be a critical issue, particularly when it comes to certification, warranty, and liability for defects.
Indemnity refers to a form of security that is provided by… #
Related terms include guarantee, bond, and warranty. In construction law, indemnities can be a complex issue, particularly when it comes to enforcement and claims.
Insolvency refers to the status of a company or individual … #
Related terms include bankruptcy, winding-up, and administration. In construction law, insolvency can be a critical issue, particularly when it comes to payment, security, and termination of contracts.
Intellectual property refers to the rights of a creator or owne… #
Related terms include copyright, patent, and trademark. In construction law, intellectual property can be a complex issue, particularly when it comes to ownership, licensing, and infringement.
Liability refers to the responsibility of a party for a loss</b… #
Related terms include negligence, breach of contract, and strict liability. In construction law, liability can be a critical issue, particularly when it comes to design, construction, and maintenance of buildings.
Liquidated damages refer to a pre #
determined amount of damages that is payable by a contractor to an employer in the event of a breach of contract, such as a failure to complete a project on time. Related terms include penalty, fine, and compensation. In construction law, liquidated damages can be a complex issue, particularly when it comes to enforceability and reasonableness.
Maintenance refers to the process of caring for and repairing</… #
Related terms include warranty, defects liability, and guarantee. In construction law, maintenance can be a critical issue, particularly when it comes to obligations, liability, and costs.
Mediation refers to a form of alternative dispute resolu… #
Related terms include arbitration, adjudication, and litigation. In construction law, mediation can be a useful tool for resolving disputes, particularly when it comes to preserving relationships and reducing costs.
Negligence refers to a failure to exercise reasonable ca… #
Related terms include breach of contract, breach of statutory duty, and strict liability. In construction law, negligence can be a common issue, particularly when it comes to design, construction, and maintenance of buildings.
Notice refers to a formal communication that is required to… #
Related terms include notification, letter, and email. In construction law, notice can be a critical issue, particularly when it comes to timing, content, and service.
Novation refers to the process of replacing an existing … #
Related terms include assignment, transfer, and substitution. In construction law, novation can be a complex issue, particularly when it comes to consent, consideration, and enforceability.
Payment refers to the process of making payments under a <i… #
Related terms include invoicing, valuation, and certification. In construction law, payment can be a critical issue, particularly when it comes to timing, amount, and disputes over payment.
Performance bond refers to a type of bond that is provided … #
Related terms include payment bond, advance payment bond, and retention bond. In construction law, performance bonds can be a complex issue, particularly when it comes to enforcement and claims.
Practical completion refers to the point at which a construction p… #
Related terms include final completion, handover, and defects liability. In construction law, practical completion can be a critical issue, particularly when it comes to certification, payment, and liability for defects.
Professional negligence refers to a failure by a professional to <… #
Related terms include breach of contract, breach of statutory duty, and strict liability. In construction law, professional negligence can be a common issue, particularly when it comes to design, construction, and maintenance of buildings.
Programme refers to a schedule or plan for the execution of… #
Related terms include project management, scheduling, and planning. In construction law, programmes can be a critical issue, particularly when it comes to time, cost, and quality.
Quality refers to the standard of materials or workmanship … #
Related terms include specification, standard, and defect. In construction law, quality can be a critical issue, particularly when it comes to liability for defects, warranty, and guarantee.
Retention refers to the practice of withholding a percentage</b… #
Related terms include payment bond, advance payment bond, and performance bond. In construction law, retention can be a complex issue, particularly when it comes to amount, duration, and release.
Risk management refers to the process</b #
Risk management refers to the process