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.
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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
Delays in construction works due to adverse weather
Snow may not be what you wish for now as construction projects are known to get affected due to bad weather conditions.
Real Estate: The property market in 2023
The property and economic press are awash with predictions of what 2023 will hold for the property market.
Construction Disputes – Christmas Ambush
Whilst construction may temporarily shut down during the festive period, the disputes that arise don’t.
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...
Rising cost of construction contracts – impact on contractors and clients
In recent years, the construction industry has been hit with a torrent of obstacles, seeing prices rise significantly, with seemingly no relief on the horizon.
The cladding crisis: Government sets out new plan to protect leaseholders
The government reveal new plan to make developers and companies pay to fix the cladding crisis stemming from the Grenfell tower disaster.
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.
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR
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