by Charlotte | Aug 4, 2025 | Construction Contracts, Protecting
One of the most overlooked risks in D&C contracts is the fitness for purpose obligation. This obligation is often buried in a few short lines of contract text, but its consequences can be enormous. Unlike the typical “due care and skill” standard owed by...
by Charlotte | Aug 4, 2025 | Dispute Resolution, Project Delivery
The Defects Liability Period (DLP) is meant to give builders time to address post-completion defects. However, it’s increasingly being used by principals as leverage, turning it into a cash-flow weapon—delaying return of retention money or unconditional bank...
by Charlotte | Aug 4, 2025 | Security of Payment
In 2024, legislation governing the building and construction industry experienced several amendments, one of which entirely changed the way many builders could claim progress payments for works completed at a project. The Building and Construction Industry...
by Charlotte | Jun 19, 2025 | Construction Contracts
Liquidated damages (LDs) are a standard fixture in construction contracts, designed to compensate the principal for delay without needing to prove actual loss. But in practice, LDs can create major financial risk for builders—especially when they are excessive,...
by Charlotte | Jun 19, 2025 | Dispute Resolution, Project Delivery
In construction, no matter how well a project is planned, unexpected conditions below the surface can derail budgets, schedules, and relationships. Latent conditions—those physical site conditions not apparent on reasonable inspection—continue to be one of the most...
