Construction

We prepare and advise on the contractual documentation for construction projects and deal with disputes arising in this sector.

Overview

We act for developers, funders, main contractors, sub-contractors and professional consultants such as architects, surveyors and engineers. Whatever the size of the project, we ensure that appropriate documentation is used to maximise the prospects of the project progressing smoothly. We have also advised clients on their new rights and/or responsibilities under the Building Safety Act 2022.

We also handle all kinds of disputes by negotiation, adjudication, court proceedings or arbitration relating to construction and infrastructure projects both in the UK and overseas.

We understand the unique character of the construction industry, not only its technical nature but also its culture and working practices, and we combine this knowledge with our legal expertise to provide advice tailored to our clients’ individual needs and circumstances.

Featured experience

We regularly draft contract documentation for construction projects, for example we recently helped a client with a full suite of documents (including professional appointments, schedules of JCT amendments and warranties) in relation to two new developments – major office complex and an industrial estate. We also review and negotiate the construction documentation, for example we recently provided support in relation to the construction of a major new southern distribution hub for our client.

We undertake due diligence work, often working alongside our banking and real estate colleagues. For example we reviewed the construction documentation on a project for a £2 million office refurbishment by our client’s landlord and working with the tenant and its project manager to prepare and negotiate contracts for office fit-out works and the supply of furniture and IT equipment. We have another client with a large portfolio of commercial properties which it either funds or develops itself, and we regularly advise them on the construction aspects of their deals, reviewing and advising on documentation (professional appointments, building contracts and warranties) and assisting (and on some occasions leading) negotiations.

We deal with a wide range of construction disputes and have extensive experience of adjudication, arbitration and court proceedings. Some recent matters upon which we have acted include:

  • Successfully acting for residents in a Right To Manage company recovering over £1million to pay for replacement of defective cladding and defects at major residential development under the Building Safety Act 2022
  • Representing the main contractor in the refurbishment of a high-profile educational institution in the City of London over the value of a final account of £5 million and enforcing adjudicator’s decision against a foreign company
  • Advising the main contractor in its claim for loss and expense and extensions of time relating to the redevelopment of a historic city centre site in a contract value of £4.2 million