Construction and engineering
Our specialist team of construction law solicitors, comprising lawyers, adjudicators, arbitrators and mediators, have extensive experience advising on contentious and non-contentious construction matters, from construction contracts and procurement to various methods of dispute resolution whether through litigation or alternative dispute resolution.
We act for developers, contractors and sub-contractors at every stage of the construction process.
In a changing market, our construction and engineering team can provide you with a reassuring presence. Whether you want light touch advice or strong action, we have the knowledge and experience to help you in the most effective way.
In a changing market, our construction and engineering team can provide you with a reassuring presence. Whether you want light touch advice or strong action, we have the knowledge and experience to help you in the most effective way. We want to build a long standing trusted advisor role with you, in a similar way to having your own in-house counsel, and we will invest our own resources to do so. That approach has worked well for our existing clients, who appreciate our knowledge of their business and our experience in applying the law to the industry. We are there when needed, whether you need a contract written or a problem solved.
We advise building contractors on all forms of building contracts – JCT, NEC3, ICC, PPC etc - and ancillary documents including performance bonds, guarantees, escrow security deeds and warranties / third party rights notices. Whether it’s partnering, full risk transfer, design control or commissioning a series of works under a framework, we know what to do.
"Very good depth of knowledge on construction contract documentation"
Managing contract risk
If you are involved in public sector tendering, our experience in waste, leisure, defence, schools and hospitals will help you to bid for projects. Whether it is a single review for a restricted procedure bid, or an ongoing competitive dialogue, we can help you manage contract risk in a way that helps win the job.
We advise subcontractors in the supply chain on contractual risk, often created by a chain of contracts being passed down by reference to each other, with a series of additional terms appended that can repeat or conflict. We can write those contracts, review them or challenge them.
Adjudication and arbitration
We are experts in adjudication and arbitration, with team members being qualified adjudicators and arbitrators, so we are regularly challenging or defending: interim and final accounts, extensions of time and loss and expense claims, retentions, termination scenarios, and defects claims, and then frequently enforcing those decisions.
You may have heard that courts demand that the parties make efforts to settle. We regularly run mediations, with some team members being accredited mediators. Knowing when to settle and when to move on is part of our remit.
Party wall knowledge
We have specialist party wall knowledge, being members of the industry steering group.
Ultimately if you need to go to court, which is rare but sometimes important to protect your business, we will know when to start that process and how to handle it to facilitate a successful conclusion.
Contract for systems and plant require detailed on the job testing pre and post completion, with KPIs and damages linked to the results of that testing. We advise on engineering contracts and any associated disputes – particularly civil, structural, mechanical, electrical, chemical, highways and infrastructure engineering – under NEC3, MF/1, ICC contracts etc. Statutory adjudication does not just apply to buildings – we can obtain quick decisions for seemingly intractable disputes.
We work closely with professionals in the industry so that we know the latest news and can recommend technical advisors. In fact we offer a fixed price service for advising surveyors, architects and engineers on proposed professional appointment agreements, whether you have received a bespoke agreement from another lawyer or the standard RIBA / RICS / ACE / NEC3 PSC documents have been amended. That advice exceeds standard “free” insurance bolt-ons offered to professionals, thereby giving you the tools to protect your business from a commercial, legal and insurance perspective.
These are challenging times for the construction sector. Some sites remain open, others have been temporarily closed. Th...Read article