Construction Law

Our construction lawyers deal with a variety of legal issues, with specialist across our Corporate, Property, Employment and Dispute teams.

Our Expert Construction Lawyers have a wealth of experience with a variety of legal issues, supported by one of the largest property law teams in the region.

Legal agreements on construction projects are often lengthy and complex with many different agreements required to ensure a successful project. Not only this, but invariably as time goes on projects adapt and morph and it’s important that the contracts are dynamic enough to cater for this.

All construction or development projects of any size will invariably involve a number of different parties with numerous different legal agreements. It is crucial for the smooth running of a project to get an early grasp on what will be required, what basis the parties will be contracting with one another are and what level of contractual protection there is.

Whether you are starting out in the construction industry and require strategic legal advice on the various procurement options, or you are an experienced property developer seeking legal advice on complex developments, we have the experience and knowledge to help.

Construction law services:
  • Advice on all standard form construction contracts (including JCT and NEC)
  • Drafting bespoke construction contracts including main contracts, sub-contracts, project management contracts
  • Collateral Warranties
  • Development procurement options (design and build contracts, standard build contracts)
  • Development agreements
  • Project management agreements
  • Joint venture construction agreements
  • Letters of intent
  • Security documentation – Advice for funders
  • Advice around the Buildings Act, CDM Regulations and similar legal requirements.
Experienced Construction Lawyers

We have a wealth of experience across our team in advising employers, contractors, sub-contractors or consultants, in all aspects of construction projects. We also frequently advise funders on their construction related security documentation when lending on a construction project.

All construction or development projects of any size will invariably involve a number of different parties with numerous different legal agreements. It is crucial for the smooth running of a project to get an early grasp on what will be required, what basis the parties will be contracting with one another and what level of contractual protection there is.

Construction Law FAQs

Can I simply just sign a JCT or NEC as they are and will this adequately protect me?

Whilst the standard form contracts do include a number of important provisions and are generally considered to be drafted in a reasonably balanced way, there are a number of areas which can be updated to provide enhanced protections or improve your position.

In addition, there are a number of key areas which often need updating as the contracts don’t deal with them sufficiently. Therefore, for most projects some form of amendment to the standard form contracts is desirable.

This is not to mention that all standard form contracts have sections which need to be completed for each project and this is not always easily done.

Finally, each project has its own nuances and quirks and therefore utilising a “one-size-fits-all” standard form contract is not always the best option, or at least amendments would be a good idea to them.

Are there any legal restrictions on what terms I can put in my construction contract?

Yes! If you have a construction contract (and the law specifies what types of contract are and are not considered “construction contracts”) there are a number of specific clauses you need to have in your contract, failing which the law will imply terms to fill the relevant gaps.

These relate to crucial terms such as the payment terms, therefore its imperative you get the payment terms correct in your contract or the law may imply them for you.

Similarly there are a number of clauses which are banned from construction contracts and therefore the law will effectively strike them out if they are included.

Please do get in touch if you would like further information on these.

How do I decide which type of contract I need for my construction project?

The starting point is that are likely to be many contracts for any construction project, including main contractor contract, project manager contracts, sub-contracts, consultant contracts, collateral warranties and potentially funder contracts.

Which form of contract is most suitable depends entirely on the nature of the project. Many variables are relevant include size, scope, value, complexity. Other factors such as whether it is residential build, commercial build or an infrastructure project are also relevant.

The procurement route is also crucial- is it design and build, traditional, project management or another form of procurement.

We are able to assist in discussions around procurement routes and how best to set up the contracts.

Contact us

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    Recent Construction Experience

    Building Contract and Collateral Warranties

    Working with a leading bank on the construction aspects (including main building contracts and collateral warranties) of its lend in respect of the development of a single plot worth in the region of £16,000,000

    £13M Single Plot and Advice

    Advice to a developer on their building contract with a contractor and eventual sale of a single plot worth in the region of £13,000,000

    Leading Developer Advice on £20m Site

    Advising a leading property developer in relation to the professional appointments and associated collateral warranties on a site worth in excess of £20 million

    Advice on JCT Agreements

    Advising a leading global AV solutions company in relation to various JCT agreements as well as drafting and advising on a schedule of amendments to the JCT Design and Build contract

    Advice on multiple plots

    Helping a leading property developer on a building and development contract for three plots worth in excess of £1,000,000

    Insights & News

    The Building Safety Act – What do I need to be aware of?

    The Building Safety Act – What do I need to be aware of?

    The 28th of April 2022 saw one of the biggest legislative changes to the UK building industry in close to 40 years. The Building Safety Act 2022 (“the Act”) received Royal assent, meaning it is now an act of Parliament and has come into force as law (albeit many of...

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    Award winning legal advice

    Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

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