Search

How can we help?

Construction

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. 

Legal 500

Key contacts

Read, listen and watch our latest insights

art
  • 05 April 2018
  • Construction

Termination: the pitfalls

There are many risks in termination of a contract, particularly in construction contracts – get it wrong and you risk being in breach of contract yourself. The two main pitfalls are:

art
  • 05 April 2018
  • Construction

Building Information Modelling requirements

We are seeing an increased adoption of BIM (Building Information Modelling) in the projects we are advising on across the private sector. Of course, BIM Level 2 became mandatory for use on all UK public sector works in April 2016. The implementation of BIM means that the contract documents for the contractor and through the supply chain and professional consultants will need to consider the specific implications of BIM.

art
  • 13 March 2018
  • Commercial Real Estate

Novation and Assignment: Sisters, Not Twins

There’s often, understandably, a bit of uncertainty about whether (and how) a party to a contract can “assign” (transfer) its rights, or pass on its obligations, under that contract, to another person.Essentially, novation and assignment are both mechanisms to get around this restriction. However, while the end result is the same, there are some important differences between these two mechanisms.

art
  • 03 January 2018
  • Construction

The name is Bond… On-demand Bond

A brief insight into the most used form of security in the construction industry, bonds and guarantees, after the recent judgment of Autoridad del Canal de Panamá v Sacyr, S.A. & Ors put these forms of security instruments back in the limelight.

art
  • 06 December 2017
  • Construction

Architect negligent because of client’s budget

A decision in October 2017 looked at whether the standard RIBA scope of services meant that an architect was required to ascertain and comply with a client’s budget when designing a project: Riva Properties Limited v Foster + Partners Limited EWHC 2574.

art
  • 07 November 2017
  • Construction

Collateral Warranties: What to look for?

Collateral warranties are a key feature of the construction industry, and they enable beneficiaries such as funders, tenants or purchasers of a development to have a contractual link with the project team. Whilst it is possible to utilise the third party rights act, this route is limited, as seen in the case of Hurley Palmer Flatt Limited v Barclays Bank plc and you can read our analysis 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