Our construction department has extensive experience of advising on the non-contentious aspects of construction law, including construction contracts, procurement strategies and ad hoc concerns or issues experienced.
They provide commercial, targeted and partner led advice to clients across the sector, including developers, funds, investors, portfolio and asset managers, hotel owners and operators, port and harbour authorities, care and retirement living operators, local authorities, schools, universities, contractors, consultants and sub-contractors.
They have experience in commercial and residential developments, public sector works, mixed-use, office, industrial, hotel, retail and leisure developments, care and retirement living projects marina and port-related developments.
These specialists will work with you and your other advisors, to ensure that you have coordinated, timely and commercial advice on the legal aspects of the contract or project in question and very much see themselves as part of your project team, rather than merely an external lawyer.
How can our construction lawyers help?
Our construction department works seamlessly with lawyers in our real estate, real estate development and regeneration, planning and property litigation teams to help ensure that you receive truly joined up advice on all aspects of your property and development transactions. Their services include:
- providing specialist input into property or development projects or transactions, such as:
- the drafting of the development aspects of agreements for lease and sale, development agreements and funding agreements;
- conducting audits of construction documentation for funders, purchasers and/or tenants; and
- dealing with enquiries for purchases/sales and lettings;
- advising on procurement strategy and choice of standard forms of contract, such as JCT, NEC4 etc;
- drafting, negotiating and advising on building contracts, consultants’ appointments, collateral warranties, third party rights, bonds and guarantees and related documentation;
- providing audits or advice on draft contracts for contractors and consultants in the construction sector;
- providing tailored in-house guidance and training to clients on all matters relating to construction contracts, including training for CPD purposes for clients who work with or put together construction contract
Our team also provides specialist input into construction disputes being handled by our property litigation team and can also advise on a comprehensive range of issues, such as health & safety and insolvency, that can arise on a construction project.
Find out more about our construction law services
You are welcome to contact our construction team for an initial informal discussion about your issue, on a confidential basis and without charge.
Every project or issue requires tailored advice. We will discuss the specific timescales, costs and processes with you individually based on your needs.
Timescales will vary depending on the scope of advice needed from us but we will always try to work to your preferred timescales wherever possible.
Frequently Asked Questions
Timing and the circumstances will affect your position and the best way forward, but our construction team will be able to provide detailed advice based on your particular position in such a situation. It is an unfortunate occurrence but we will help you to work out your options and arrange for and document the completion of any outstanding work as quickly and cost-effectively as possible. In the first instance, check your position in terms of contracts in place and avoid making any direct payments to sub-contractors or suppliers until you have taken legal advice.
There is no hard and fast rule here and the decision as to whether and to what extent to amend should be based on the project, the site and needs of the parties in each case. Our construction lawyers will be able to discuss with you the pros and cons of amending standard forms, as well as which standard forms might be available to you and typical amendments made in the current market. They will help you find the best option for your particular scenario, considering also the impact on relations with your contractor.
Depending on the nature of the work that you are doing then in the context of commercial construction works, this is very likely. If your contract does not include the necessary clauses then elements of the legislation may be implied in to your contract. We will be able to advise you on the impact of the drafting and also help you ensure that your contracts contain the necessary drafting in such a format as suits your business needs.
Depending on the nature of the work that you are doing and assuming the works are not at your home then then the Regulations will likely to apply, whether you are a client, contractor or designer for the Regulations. The extent to which they apply and whether as client you would need a principal designer and principal contractor is all something that our construction team will be happy to guide you through.
As long as letters of intent are well drafted and used carefully they can be a useful tool if their use is justified in the circumstances. Be wary of using a short poorly, drafted letter as it will not provide sufficient protection for either employer or contractor. We have extensive experience of preparing these, and Pre-Construction Services Agreements, for works of all types and complexities and will be happy to help you.