Construction & Engineering

Project documentation

Our highly experienced construction lawyers use their considerable knowledge of the construction sector to prepare contracts and other project documentation that is tailored to your needs, and deals with the practicalities and risks of what happens on site. We provide clear advice, based upon our knowledge of the construction industry and the real-world issues around it, including procurement law issues.

Everyone involved in a construction project, large or small, needs properly prepared, commercially sound project documentation. Parties being asked to sign bespoke contracts or a standard form contract amended by lengthy Schedules of Amendments need to understand their risk, negotiate amendments or where relevant ensure their pricing properly reflects the balance of risk between the parties.

We deal with all aspects of building and engineering contracts (whether bespoke or by negotiation and amendment to standard forms such as the JCT and NEC suites), professional appointments and consultants appointments (whether bespoke or by negotiation and amendment to standard forms such as RIBA and ACE), collateral warranties, ancillary and security documents, and meeting funder’s requirements. As well as ensuring those within the industry protect their bottom line, we also help businesses outside the construction industry understand  the process, identify potential options and risks, and help them maintain control of the costs.

We structure documentation around the operational requirements and commercial imperatives of the project, so that it deals with the issues particular to your situation, and aligns with your way of working. We take account of the wider short and longer term commercial goals of your business – what you want to achieve further down the line is often a key factor in how the construction contracts and other documentation is structured.

Project support

Proactive legal support keeps your construction project running smoothly. Having specialist construction lawyers on hand to help you identify and take advantage of potential opportunities and support you in facing the challenges is invaluable.

Nearly all construction projects will encounter the need for changes to be made as the works progress. Having the right project documentation in place is as important as making sure it is operated correctly and on time. In the practical execution of a project, contractual obligations are often ignored, misunderstood or misapplied. Having the support of a construction lawyer with in-depth knowledge of the practical aspects of a construction project will help things get back on track by:

• Advising on which notices under the contracts should be served and when on each interim payment cycle or at the final account, and the consequences or opportunities arising where a notice has not been properly served
• Explaining the pros and cons of taking formal steps to address performance issues as they arise
• Assisting where a contractor may wish to suspend performance of its obligations as a result of non payment
• Assisting where a party wishes to consider termination of a contract, or has received a notice of intention to terminate or final termination notice
• Working closely with our network of technical experts to resolve issues that arise or place you in the best possible position if matters are heading towards a more formal dispute.

We will advise you of your position, your options, the cost implications and the most realistic course of action. We work collaboratively with other professionals involved in the project and frequently head off construction disputes before they happen.

Whether we worked on your construction contract documentation or an issue has arisen since the contracts were put in place, we’ll advise you on how the contractual terms can be used to safeguard your position and minimise the risk of a problem escalating into a dispute.

We can assist with contractual “re-sets” of problem projects or early termination negotiations and arising settlement agreements / deeds of variation. We can either lead on commercial negotiations or provide advice and background assistance, to maximise the chances of getting projects back on track and to a successful conclusion.

Construction dispute resolution

Our highly experienced construction lawyers use their considerable knowledge of the construction sector and modern dispute resolution methods to resolve construction disputes cost effectively and at an early stage. As true specialists, we recognise why construction disputes arise, and how to most effectively go about resolving them.

We deal with all stages of construction disputes from initial advisory work and input in ongoing commercial negotiations on live projects through to complex adjudications and multi-party claims in the High Court’s Technology & Construction Court (TCC) or arbitration.

We deal with dispute concerning allegations of defective works, disputed valuations / final account, interim payment disputes, non-payment, extensions of time, loss and expense, termination, insolvency issues, professional negligence claims for negligent design and claims against insurers.

We have considerable experience in devising and implementing effective strategies to resolve disputes at an early stage, and regularly resolve complex disputes by way of negotiation or mediation.

Where formal legal processes are required, we minimise the disruption, ensure their cost-effectiveness and get you the best commercial result.

The vast majority of construction disputes can be resolved at an early stage without recourse to formal legal processes. But only if they’re tackled before they have escalated or had a knock-on effect on other aspects of the project. We regularly resolve disputes  by negotiation to prevent relationships deteriorating and costs escalating, recognising the importance of getting the project to a  successful conclusion and preserving commercially critical relationships and marketplace reputation.

Where appropriate, we work closely with our network of leading experts on liability / technical issues, delay analysts, quantum experts and leading construction barristers in order to put together a formidable team to suit your dispute.

Adjudication and adjudication enforcement

We act regularly for clients in adjudications, commonly dealing with interim and final account valuation disputes, so-called “smash and grab” adjudications based on a failure to issue appropriate payment or pay less notices on time, and substantial delay related claims. We can also assist clients defending serial adjudications.

In the right circumstances, the particular features of adjudication can give you a very rapid and cost effective way of having the dispute decided in your favour if steps to resolve the matter via Alternative Dispute Resolution have failed, but in a fraction of the time and a substantially lower cost than going to court proceedings or arbitration.

We also have considerable experience in dealing with adjudication enforcement proceedings in the High Court.

As well as dealing with adjudications on a full service basis, we can also assist your in-house team with the presentation of the technical aspects of your case, jurisdictional challenges or any other legal or procedural issues arising.

Procurement

Following significant refinements to procurement law when the Procurement Act 2023 came into force on 24 February 2025, consolidating the procurement regimes in the public, defence and utilities sectors. Parties engaged in seeking work subject to public procurement rules need to be more aware than ever of their legal rights and responsibilities.

We work with our commercial operator clients working in the public sector and beyond to assist with issues arising during the bidding process, management of their supply chain and dealing with issues arising upon extending or varying framework agreements.  Our SME clients wishing to take advantage of the opportunities for growth afforded by the new scheme benefit from our considered, sensible practical and commercial legal advice in navigating the tendering process.  Additionally, our extensive referral network enables us to connect our clients with the right type of external resource or specialist consultant to meet the challenge of broadening into wider and more diverse markets.

We also assist clients who wish to challenge irregular actions or decisions in the procurement process, where urgent specialist advice is required given the very tight timeframes that apply. We also assist where parties may wish to seek restrictions on publications of breach/poor performance, subject to exclusions / debarment and potential liabilities of associated / connected persons.

The Building Safety Act

The Building Safety Act  (BSA) 2022 was enacted primarily in a justified response to the failures in building safety resulting in the Grenfell disaster. It is arguably the widest reaching piece of legislation of our time. Its provisions affect everything from a small residential house extensions to the building and management of the largest buildings and everything in between, with particular challenges for “Higher Risk Buildings” and the potential for delays in passing the relevant Gateways. It represents a step change for the construction industry.

We appreciate that the BSA is a lot for organisations to take on board and will continue to present a number of questions and challenges for the industry as its provisions are rolled out.

Our Real Estate, Construction and Real Estate Disputes experts can help you navigate the new regulatory landscape, as well as help resolve disputes that arise because of it.

Legal support for construction sector businesses

We also want to work with you to help your construction company succeed as a business. Our Construction sector team pulls together lawyers from across our commercial group who can help you with your wider business needs, whether they be issues relating to corporate transactions, commercial contracts, IP or IT issues, commercial disputes and employment/HR issues. The lawyers in our team understand the construction industry and opportunities and challenges facing those in the sector and work together to provide full service legal support to our construction clients.