P

The legal rules protecting a person's right not to disclose certain documents to a court. Common illustrations of privilege include legal professional privilege, without prejudice privilege and privilege over documents created for the purposes of litigation.

The general legal principle that only those persons who are parties to a contract may enforce it.

A contract that operated during the pre-award phase of a procurement process as a separate contract between competitive tenderers and the tender inviter. In contrast, the main contract that is awarded to the successful tenderer when its bid is accepted.

A policy of insurance taken out in relation to loss or damage caused by a person or persons acting in breach of its duty to act in a professional capacity.

A certificate generally issued by the Superintendent or the Certifier, to the builder and the principal, which certifies the amount of work completed and the amount for which the builder is entitled to payment from the principal.

A claim made by the builder seeking payment of money from the principal proportionate to the amount of work completed to date. Progress claims are frequently made on a monthly basis.

A payment of money made by the Principal to the builder in response to the builder's Progress Claim.

A package of documents compiled for the purpose of defining the objectives, design parameters, plans and specifications, budget or other matters relating to a project.

A group of stakeholders in a project assembled to monitor and control issues relating to project planning and/or implementation such as scope variation and development, defect issues and general progress of works.

A legal principle deriving from the decision in Peak Construction (Liverpool) Ltd v McKinney Foundations Limited (1971) BLR 111 whereby if a party to a contract has been prevented from fulfilling its contractual obligations due to the conduct of the other party, the preventing party cannot enforce strict adherence to contractual times for performance.  The prevention principle is closely aligned to the principle that no party may benefit from its own breach of contract.  It is often considered in the context of determining a party's contractual entitlement to liquidated damages.