Construction Law

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.

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.

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.