Completing the contract first: does it matter?
It’s not unusual for parties to start work without agreeing the formal contract terms first. That can cause a number of potential difficulties, as Lucinda Robinson explains.

Welcome to the 23rd edition of our Annual Review. As always, our Review contains a round-up of some of the most important developments from the past 12 months including, from page 44, our customary summaries of some of the key legal cases and issues, taken from both our monthly newsletter Dispatch as well as the Construction Industry Law Letter.
This year’s Review reflects the typically diverse range of issues we have found ourselves looking at over the past year. Increasingly this includes digital technology and the wide-ranging benefits it offers to the construction and legal industries.
31 October 2019
It’s not unusual for parties to start work without agreeing the formal contract terms first. That can cause a number of potential difficulties, as Lucinda Robinson explains.
Annual Review Fenwick Elliott Annual Review 2019/2020
8 min read
31 October 2019
In May 2019, JCT introduced a new Practice Note, BIM and JCT Contracts. Mark Pantry explores the extent to which JCT have achieved this.
Annual Review Fenwick Elliott Annual Review 2019/2020
6 min read
31 October 2019
Stephanie Panzic discusses the beneficial impact of drones on the UK economy and society.
Annual Review Fenwick Elliott Annual Review 2019/2020
7 min read
31 October 2019
Jesse way considers a recent case law update regarding the meaning of practical completion.
Annual Review Fenwick Elliott Annual Review 2019/2020
9 min read
31 October 2019
In the recent case of Bennett (Construction) Limited v CIMC MBS Limited, the Court of Appeal considered whether milestone payments in a construction contract constituted an adequate mechanism for payment in terms of the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”). Martin Ewen explains more.
Annual Review Fenwick Elliott Annual Review 2019/2020
9 min read
31 October 2019
Marc Wilkins explains how the judgment handed down by the Court of Appeal in Triple Point Technology Inc. v PTT Public Company Ltd earlier this year has prompted those involved in construction projects to look at the provisions relating to LADs.
Annual Review Fenwick Elliott Annual Review 2019/2020
9 min read
31 October 2019
Although retentions have been commonplace in construction for over a century, talk of reform is growing. Adele Parsons discusses recent developments arising from the government's 2017 consultation.
Annual Review Fenwick Elliott Annual Review 2019/2020
8 min read
31 October 2019
George Boddy discusses two English cases where the courts have been asked to cut down decisions made by adjudicators.
Annual Review Fenwick Elliott Annual Review 2019/2020
7 min read
31 October 2019
Ciaran Williams explains the approach to enforcing an adjudicator's decision in Northern Ireland under the Construction Order, which provides a similar construction adjudication framework to the HGCRA in England and Wales.
Annual Review Fenwick Elliott Annual Review 2019/2020
7 min read
31 October 2019
Approved Inspectors are private individuals or organisations that are appointed on construction projects by the client to verify that the construction work complies with Building Regulations. James Mullen takes a closer look at two recent cases which discuss the liability of Approved Inspectors.
Annual Review Fenwick Elliott Annual Review 2019/2020
9 min read
31 October 2019
With international projects and arbitration in mind, Harrison Small looks at the potential liability of parent companies for the actions of foreign subsidiaries.
Annual Review Fenwick Elliott Annual Review 2019/2020
6 min read
31 October 2019
Sana Mahmud looks at the Singapore Convention on Mediation, which is hoped to raise the profile of mediation globally as a form of alternative dispute resolution for cross-border disputes.
Annual Review Fenwick Elliott Annual Review 2019/2020
10 min read
31 October 2019
James Cameron discusses the new Arbitration Law, Shariah principles and enforcement of awards in the Kingdom of Saudi Arabia.
Annual Review Fenwick Elliott Annual Review 2019/2020
7 min read
31 October 2019
Ahmed Ibrahim discusses multi-tiered dispute resolution clauses as a common feature of construction contracts.
Annual Review Fenwick Elliott Annual Review 2019/2020
7 min read
31 October 2019
Jeremy Glover considers several cases where the courts have, with some reluctance, applied the strict notice requirements of the contract.
Annual Review Fenwick Elliott Annual Review 2019/2020
12 min read
31 October 2019
Force majeure clauses are nearly always included in commercial contracts, particularly in the infrastructure, energy and construction sectors. However, how many parties can honestly say they pay these clauses any attention until they attempt to rely upon them? Ben Smith suggests that very few parties consider such clauses and as a result in the current political and social climate it seems a suitable time to reconsider them.
Annual Review Fenwick Elliott Annual Review 2019/2020
11 min read
31 October 2019
Jatinder Garcha discusses JCT design and Build Contracts.
Annual Review Fenwick Elliott Annual Review 2019/2020
4 min read
31 October 2019
Edward Colclough considers the implications of indemnities, which are often the subject of much discussion during the pre-contract negotiations stage.
Annual Review Fenwick Elliott Annual Review 2019/2020
10 min read