Contract and advisory
We have extensive experience drafting, negotiating and advising on the terms of contracts for a range of clients covering transport, infrastructure, healthcare, retail, housing, hotels and leisure and education projects.
We advise on a wide range of construction contracts including all main industry standard form contracts (JCT, NEC, FIDIC, GC/Works, IChemE) in addition to drafting and negotiating bespoke main and sub-contracts to support our clients commercial requirements
Our expertise covers major capital works through to repairs and refurbishment and asset management, from project inception to the end of a building’s lifecycle.
We are experienced at drafting, negotiating and reviewing consultancy appointments (both bespoke and standard form such as RIBA, JCT, NEC) for a variety of consultants including architects, surveyors and engineers.
When acting for professional consultants we seek to achieve a fair balance of risk with the client whilst providing practical advice tailored to the requirements of each consultant. When negotiating and advising consultancy appointments we look at core standard of care, limitations on liability, the fee payment mechanism, insurance levels and protection of intellectual property rights
We work alongside our commercial real estate and corporate teams providing due diligence on construction documents for funders, purchasers, and tenants to identify any potential pitfalls in the construction documents and ensuring that our clients’ interests are protected.
Novation and assignments
Effective provision for novation is a key contractual tool for clients in planning, progressing and dealing with issues arising on construction projects. As design and build procurement is one of the most popular forms of procurement within the industry, our team has considerable experience of incorporating novation into the structure of design and build procured projects. We regularly advise on novation policy in terms of project structuring and risk profiling and drafting and negotiating novation agreements on behalf of employers and end user clients.
PI Insurance, brokers and insurers
We have extensive experience of acting for professional indemnity insurers, brokers and their insureds. We provide front end advice on the terms of the insured’s building contracts, professional appointments, collateral warranties and other security documents.
We also specialise in insurance dispute resolution, in particular the defence of construction professionals in complex, high value disputes. We advise on PI and D&C policy wordings and have provided numerous seminars and workshops on insurance law topics for PI insurers and brokers.
“In my experience, the Clarkslegal construction team are extremely professional, knowledgeable and friendly.”
Read, listen and watch our latest insights
- 04 January 2024
What to look out for in construction in 2024
What can we expect in construction in 2024?
- 29 November 2023
How will the Autumn Statement 2023 affect the Construction Industry?
On 22 November 2023 Parliament was presented with the Chancellor’s Autumn Statement.
- 02 November 2023
The Department for Business and Trade announces plans to tackle late payments
The Department for Business and Trade announced plans to reduce the late payments of business invoices on 2 October 2023.
- 03 October 2023
Proposed Reforms To The Arbitration Act 1996
The Law Commission has published its Final Report (the Report) on proposed reforms to the Arbitration Act 1996 (the Act).
- 19 July 2023
Complying with notice periods for contractual termination
The JCT suite of contracts has a two stage process for terminating for breach.
“The construction team at Clarkslegal support us with all aspects of construction. They provide a seamless service to us and our clients with superb teamwork. They are diligent and thorough in their work, and are very commercial and friendly in their advice and dealings with us and our clients.”
Dinesh Raja, Managing Partner – Bowling & Co
“I have worked with Stephen James on a number of issues and have always found him to be helpful, knowledgeable and proactive in reaching a satisfactory conclusion. He tends to grasp the details of a claim quickly and insightfully.”