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Construction

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.

Consultancy appointments

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

Due diligence

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. 

Legal 500

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Read, listen and watch our latest insights

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  • 07 November 2017
  • Construction

An uncertain future for Smash & Grab adjudication

recent decision in the Technology and Construction Court has prompted the industry to once again reflect on the well-documented cases of ISG v Seevic and Harding v Paice, from which the phrase “Smash & Grab” was born.

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  • 03 October 2017
  • Construction

Off-Site Goods and Materials: Legal Issues

There is no doubt that off-site manufacture is being embraced by the industry.

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  • 03 October 2017
  • Construction

A victory for common sense – actual cost relevant to compensation event assessment

A defining principle of the NEC3 is that the parties should deal with issues as they arise and not save these up to the end. Hence the provision in the standard form contract allowing for forecast assessments of compensation events. However, this principle can get forgotten when the parties fail to comply with the contractual machinery and timeframes or the compensation events are disputed. A case from earlier this year in the Northern Ireland courts has looked at the question of whether actual costs are relevant to the assessment of compensation events: Northern Ireland Housing Executive…

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  • 19 September 2017
  • Construction

Modern slavery in construction supply chains: does your business comply

‘Modern Slavery’ is a term which encapsulates slavery, servitude, forced or compulsory labour, and human trafficking.

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  • 05 September 2017
  • Construction

How to avoid construction payment disputes

Payment disputes continue to be one of the most common problems in the construction industry, and we have published numerous articles on the key court decisions that affect the interpretation of payment provisions

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  • 05 September 2017
  • Construction

Payment in Construction Contracts – What’s new?

Payment provisions are an industry “hot topic” and the wave of litigation since the 2009 amendments to the Construction Act remains relevant. If you would like a reminder of the principles to follow when applying for or making payment, then see our previous articles here and here.

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.

Client