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Construction procurement


We advise clients on all aspects of law and strategy in private and public sector procurement. In changing times, with many developments in procurement law and practice, we can support and ensure you make the correct strategic choices.

Key areas include:

  • Early market engagement, to inform procurement strategy
  • Procedural advice, including implications of EU and other legal systems
  • Considering and working within selection and evaluation criteria
  • Participating in or managing an effective clarification process
  • Analysing risk and relating risks to contract terms, through drafting/review
  • Compliance & financial close
  • Public procurement challenges

In my experience, the Clarkslegal construction team are extremely professional, knowledgeable and friendly. 

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Read, listen and watch our latest insights

  • 26 April 2017
  • Construction

NEC4: enhancing NEC3

After 12 years of NEC3 and its approach to proactive project and risk management, NEC releases NEC4 on 22 June 2017. NEC has described this as an evolution but not a revolution

  • 10 April 2017
  • Construction

Potential liabilities in construction industry

Clarkslegal takes a look at modern slavery in the construction industry and outlines some actions employers should take to protect their workforce and their reputation

  • 29 September 2016
  • Construction

The Battle of the Forms Continues

Those involved in ordering goods and services or putting contracts together will know that, unless individually negotiated, it can sometimes be difficult to know whose terms are incorporated into the final contract. The circumstances giving rise to this are frequently referred to as the Battle of the Forms.

  • 24 June 2016
  • Construction

EU Referendum: Where does the “Brexit” leave the construction industry?

We now have the results of the EU Referendum confirmed: the UK has voted to leave the EU, by 52% to 48%. In the immediate, sterling has tumbled and the stock markets have plummeted. The question now is what impact this will have on the construction industry.

  • 09 May 2016
  • Construction

The reformulated penalty rule

Following the decision in Cavendish Square Holding BV v El Makdessi and ParkingEye Ltd v Beavis when drafting liquidated damages provisions, parties should identify and document the applicable legitimate business interest that necessitates liquidated damages. Parties should then consider whether the remedy for breach is ‘extravagant, exorbitant or unconscionable’.

  • 09 May 2016
  • Construction

Measuring the environmental performance of a building through BREEAM

Clauses which deal with BREEAM requirements are commonly used in professional appointments and building contracts. This article summarises what BREEAM is and what parties to a professional appointment or building contract should consider when using BREEAM.

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.