Preliminaries Definition

GLOSSARY

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What does Preliminaries mean?

The section of the bills of quantities that summarises the terms of the construction contract and the general services to be provided by the contractor. Often referred to as ‘prelims’. Will include items such as office overheads, temporary works, telephone and electricity and removal of rubbish.

View the related checklists about Preliminaries

Preparing a building contract for signature—checklist

Preparing a building contract for signature—checklist This Checklist can be used when preparing a building contract for signature. It is designed to help avoid errors when preparing or checking construction documents before they are signed by the parties and completed. • Consistency with other documents From the outset, liaise with the member of the professional team responsible for preparing contract documents such as Preliminaries and Employer’s Requirements to ensure that these are consistent with the schedule of amendments and accurately reflect the intentions of the parties. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. • Details of the parties Include full details for all contracting parties—the full company name and address, plus the registered company number (if any) as company names may change in future. Confirm the details are correct at Companies House (if applicable). • Contract Particulars Review the Contract Particulars (where a JCT contract is being used), or Contract Data (where an NEC contract is used), or other relevant contract details section...

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�ձ��ʷ�—c��𳦰�� This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience. See also the following TUPE-related checklists: • What transfers under TUPE, and who is liable—checklist • Pension issues on a TUPE transfer—checklist • Checklist—immigration-related requirements on a TUPE transfer • Drafting a tripartite settlement agreement—checklist • Legal background ◦ For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview • Obtain essential information ◦ Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives ◦ Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in...

Loss and expense

Loss and expense Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of construction law, often leading to disputes between the employer and the contractor. This Practice Note explains the basics of loss and expense claims and looks at how the subject is dealt with in the JCT, NEC and FIDIC contracts. For a comparison of the specific provisions in each of these contracts, see Practice Note: Comparison between JCT, NEC and FIDIC time and money events. For a list of the key issues to consider in relation to a claim by a contractor for reimbursement of loss and expense and/or an extension of time, see also Practice Note: Time and money claims. What is loss and expense? Loss and expense is the term often used (most notably, in the JCT contracts) to describe the additional costs incurred by a contractor as a result of disturbance to the regular progress of the...

Cross-border private M&A transactions

Cross-border private M&A transactions This Practice Note provides an overview of issues that are likely to be encountered by an English-qualified lawyer when advising a seller or a buyer in a cross-border private M&A transaction. The focus of the note is on practical considerations that a lawyer needs to be aware of so as to ensure that the transaction is managed in the most efficient and effective way possible. Key stages in cross-border M&A transactions The principal stages in a cross-border private company M&A transaction are: Preliminaries (pre-signing) stage This is when non-disclosure agreements (NDAs, also known as confidentiality agreements) and exclusivity agreements are agreed, due diligence is carried out and the share purchase agreement (SPA) and related transaction documentation is negotiated. In the case of auction sales, the process of soliciting bids and drawing up a short list of bidders will take place. The cross-border element will focus attention on the smooth co-ordination, potentially across a number of different jurisdictions, of the work of the respective parties'...

Discover our 40 Practice Notes on Preliminaries

JCT Management Works Contract 2016—Form of Agreement and Amendments

JCT Management Works Contract 2016—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Management Works Contract Agreement 2016 (MCWC/A 2016) and JCT Management Works Contract Conditions 2016 (MCWC/C 2016) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Management Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Management Contractor] (‘the Management Contractor’); 2 [insert name of the Works Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Works Contractor] (‘the Works Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT MCWC/A 2016 and the JCT MCWC/C 2016, referred to in and...

JCT Intermediate Sub-Contract 2024—Form of Agreement and Amendments

JCT Intermediate Sub-Contract 2024—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Intermediate Sub-Contract Agreement 2024 (ICSub/A 2024) and JCT Intermediate Sub-Contract Conditions 2024 (ICSub/C 2024) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Contractor] (‘the Contractor’); 2 [insert name of the Sub-Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Sub-Contractor] (‘the Sub-Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT ICSub/A 2024 and the JCT ICSub/C 2024, referred to in and modified and supplemented in Schedule 1 and/or Schedule...

Dive into our 24 Precedents related to Preliminaries

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense?

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense? What is a claim for loss and expense? Under a construction contract, a contractor will usually be entitled to claim loss and expense where it suffers delay or disruption to the progress of the works, due either to matters within the employer's control or to breaches of contract by the employer. Claims for loss and expense are commonly brought under various different headings (see Practice Notes: Loss and expense and Loss and expense claims—practical tips), two of which will usually be a contractor's claim for overheads (also known as prolongation costs) and for loss of profit. On what basis can a claim be brought? Contractors often believe that an entitlement to claim overheads and loss of profit (as well as other heads of loss and expense) automatically follows from an entitlement to an extension of time. This is not usually the case and each claim must...

How far does the claimant have to go to prove the second element in terms of proof of access?

How far does the claimant have to go to prove the second element in terms of proof of access? In a claim for copyright infringement two elements must be present: • sufficient objective similarity between the infringing work and the copyright work, and • the copyright work must be the source from which the infringing work is derived. For the purposes of this Q&A we have limited our research to cover the elements that make up copyright infringement. The Court of Appeal in Baigent & Leigh v The Random House Group Ltd, (per Mummery LJ) set out a non-exhaustive list of issues which are likely to require consideration in a typical literary copyright case. This included: ‘(2) …What access, direct or indirect, did the author of the alleged infringing work have to the original copyright work? Unless there was some evidence from which access can be directly proved or properly inferred, it will not be possible to establish a causal connection between the two works, which...

See the 3 Q&As about Preliminaries

No preliminary issue limitation trial in the phone hacking litigation (Various Claimants v News Group Newspapers Ltd)

Dispute Resolution analysis: Mr Justice Fancourt has refused to vacate the trial of 42 phone hacking claims in early 2025 in order instead to have a preliminary trial of a limitation issue in a handful of those claims. The advantages of having the preliminary issue determined in those claims was outweighed by the costs associated with the loss of the trial listing. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Construction weekly highlights—30 November 2023

This week's edition of Construction weekly highlights includes the publication of the Building Safety Regulator’s strategic plan for the years 2023–2026, publication of a reprinted ‘Emerald Book’, together with a new contract guide, by the International Federation of Consulting Engineers (FIDIC), a case in which the Technology and Construction Court (TCC) considered whether a purported re-assignment of the benefit of a subcontract was effective (MW High Tech Projects v Outotec) and the introduction of the Arbitration Bill to Parliament.

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