Construction and Engineering

construction-engineering Given the complex nature of construction and engineering projects, it is fundamental that a comprehensive set of contractual documentation is put in place in order to identify the obligations of all interested parties and allocate risk effectively. We prepare, review and negotiate all such documentation, including:

  • development agreements
  • standard form construction and engineering contracts (e.g. JCT and NEC suites)
  • bespoke agreements
  • sub-contracts
  • consultant appointments
  • collateral warranties
  • reliance letters
  • novation agreements
  • parent company guarantees
  • bonds (e.g. performance, retention and advance payment)

Whether the project is residential, commercial or industrial, we can guide clients through the development process from inception to completion. Our aim is always to provide pragmatic advice that focusses on achieving commercial solutions to the problems that can inevitably arise during construction projects. We represent a wide range of clients including:

  • contractors
  • sub-contractors
  • employers
  • developers
  • funders
  • professional consultants (e.g. architects, engineers and project managers)
  • private individuals

Whilst an extensive suite of project documentation goes a long way towards pre-empting and minimising issues that often arise during developments, it is impossible to guarantee that a project will run completely smoothly. Indeed, due to the number of parties involved, the complicated contractual arrangements and the technical specifications and requirements, it is rare for a construction or engineering project to remain free from disputes. Common areas of dispute relate to final accounts, defective design and workmanship, delay, disruption, prolongation, extensions of time, loss and expense, liquidated damages and professional negligence.

If a disagreement is addressed early, it can often be resolved quickly and amicably. We can assist our clients to do so by reviewing and interpreting relevant correspondence and contractual documentation, before providing practical advice that takes account of the strength of our client’s position contractually, the commercial pressures that it faces and its ongoing business relationships with the parties involved.

Nevertheless, it is not always possible to achieve a mutually acceptable resolution to an issue before it escalates into a dispute. In such circumstances, we are experienced in providing clients with representation in all forms of dispute resolution including:

  • structured without prejudice negotiations
  • mediation
  • adjudication
  • arbitration
  • litigation
  • expert determination

Whatever the dispute resolution forum, we ensure that we provide our clients with an early cost-risk-benefit analysis which is reviewed and updated whenever there is a material development. We place an emphasis on helping our clients to make informed, strategic decisions with a view to securing a satisfactory conclusion of the dispute.