Construction Law
We provide expert legal advice and representation to clients across the construction industry, offering practical solutions for the complex legal and commercial challenges faced by developers, contractors, subcontractors, consultants, and funders.
From drafting contracts to resolving disputes, our specialist team understands the intricacies of construction law and works with you to ensure the success of your projects.
How We Support the Construction Industry
Construction projects involve multiple parties, significant investments, and a wide range of risks. Our solicitors provide support at every stage of the process, helping to ensure smooth operations, clear agreements, and effective dispute resolution when things go wrong.
- Construction Contracts
We draft, review, and negotiate contracts tailored to your needs, ensuring clarity, fairness, and risk allocation. We work with all major forms of construction contracts, including:
- Standard Forms of Contract:
- JCT (Joint Contracts Tribunal): Commonly used for building projects in the UK, including Design and Build, Intermediate, and Minor Works Contracts.
- NEC (New Engineering Contract): Often used for infrastructure and engineering projects, providing flexibility and collaborative approaches.
- Bespoke Contracts: Drafting custom agreements for specific project needs or where standard forms are not appropriate.
- Subcontracts and Consultant Agreements: Ensuring obligations and liability are clearly defined for all parties involved in the project.
- Finance and Funding Arrangements
We assist with securing and structuring finance for construction projects, including:
- Development Finance: Negotiating agreements for loans or funding tied to project milestones.
- Security Documentation: Drafting collateral warranties, bonds, guarantees, and other security instruments to protect funders’ interests.
- Dispute Resolution and Claims Management
Construction disputes can be costly and disruptive. We aim to resolve disputes swiftly and cost-effectively through negotiation, but where necessary, we provide robust representation. Our expertise includes:
- Delay and Disruption Claims: Disputes over late delivery, disruption, or extensions of time.
- Defects and Quality Issues: Claims arising from defective work or non-compliance with specifications.
- Payment Disputes: Resolving issues around non-payment, retention sums, or final account settlements.
- Termination and Breach of Contract: Advising on rights and remedies for breaches or wrongful termination.
- Professional Negligence Claims: Pursuing claims against architects, engineers, or surveyors for errors or omissions.
- Dispute Resolution Mechanisms:
- Adjudication: Quick resolutions for disputes under the Construction Act.
- Mediation: Facilitating negotiations to reach mutually agreeable settlements.
- Arbitration: Providing specialist advice for more formal dispute resolution processes.
- Litigation: Representing clients in court proceedings when required.
- Risk Management
We help clients identify, assess, and manage legal risks throughout the lifecycle of a project, providing solutions to minimise delays, cost overruns, and disputes.
Frequently Asked Questions (FAQs)
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What type of contract is best for my project?
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The choice of contract depends on your project’s size, complexity, and risk allocation preferences. Standard forms like JCT are suitable for building projects, while NEC contracts are ideal for engineering or collaborative approaches. We can advise on the best option based on your specific requirements.
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How can I reduce the risk of disputes during a project?
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Clear and comprehensive contracts, effective communication, and ongoing risk management are key. Ensuring that all parties understand their roles and responsibilities from the outset minimizes misunderstandings and reduces the likelihood of disputes.
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What are collateral warranties, and why are they important?
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Collateral warranties are agreements that extend rights under a contract to third parties, such as funders, tenants, or purchasers. They provide protection and allow these parties to pursue claims directly if something goes wrong.
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How do adjudication and mediation differ in construction disputes?
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Adjudication is a fast-track process to resolve disputes under the Construction Act, often completed in 28 days. Mediation, by contrast, is a voluntary process where a neutral mediator helps parties reach a negotiated settlement. Both have their benefits depending on the nature of the dispute.
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What is a bond or guarantee in construction projects?
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Bonds and guarantees provide financial security to one party if the other party fails to meet its obligations. For example, a performance bond ensures that the contractor completes the project as agreed, while a parent company guarantee protects against contractor insolvency.
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What should I do if my contractor fails to deliver on time?
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Your options depend on the terms of the contract. Remedies may include seeking liquidated damages for delay, negotiating an extension of time, or terminating the contract. We can advise on the best course of action based on your specific situation.
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Can I terminate a construction contract if the work is defective?
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Termination rights depend on the severity of the defects and the terms of your contract. Many contracts allow for rectification periods before termination is considered. We can help you assess your options and take appropriate action.
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How do construction finance agreements work?
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Finance agreements often include staged payments tied to project milestones, with security documentation (such as guarantees or warranties) to protect the lender. We can assist in drafting and negotiating finance agreements to ensure your interests are safeguarded.
Our Construction Law Team
What Our Clients Say
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However, please be aware that the free 20 minute call is at our discretion. If you are more looking for advice and guidance on an initial call, we may instead offer a one-hour fixed fee appointment instead.
Our fixed fee appointments are between £200 – £300 + 20% VAT (£240 – £360 inclusive of VAT) depending on the seniority of the solicitor taking the call.
