Construction Law Services

Our Commercial Law team provides comprehensive legal support across all aspects of construction projects. We help clients navigate complex regulations, draft robust contracts, and manage commercial risks effectively. Whether you’re a developer, contractor, consultant or landowner, we offer tailored advice to ensure your project runs smoothly and complies with the latest legal requirements.

Our commercial law services include:

• Advice on all aspects of the Building Safety Act, including:
  • Higher Risk Buildings (HRBs)
  • New Duty Holder Regimes
  • Contract updates to reflect Building Safety Act requirements
• Advising on CDM regulations and compliance
• Contract procurement and tender advice
• Guidance on standard contracts, including JCT and NEC
• Contract management and advice on arising issues and rights
• Support with extensions of time, variations, and loss and expense claims
• Drafting bespoke construction contracts
• Drafting and advising on development agreements
• Drafting and advising on joint venture (JV) agreements
• Advice on collateral warranties
• Non-contentious construction advice for:
  • Landowners
  • Developers
  • Main contractors
  • Sub-contractors
  • Consultants
• Advice on standard terms and conditions for construction businesses
• Drafting and advising on fit-out contracts
• Legal support for large construction projects

The construction sector faces unique employment law challenges. From managing large, diverse workforces across multiple sites to navigating complex subcontracting arrangements, the sector requires clear, practical advice that balances legal compliance with commercial realities. 

Our Employment team has extensive experience in advising construction companies of all sizes from national PLC housebuilders to owner managed business and specialist contractors on a full range of employment law matters. 

 Our Services:

• Employment Documentation – Drafting employment contracts, directors’ service agreements, consultancy agreements, and bespoke workplace policies tailored to the specific needs of the construction sector.
• Employee Relations & Lifecycle Management – Supporting HR teams and senior leaders throughout the employee lifecycle from recruitment and onboarding to performance management, disciplinary processes, redundancy, and exits.
• Collective Workforce Issues – Advising on union engagement, TUPE transfers in acquisitions and outsourcing, site closures, and large-scale restructuring projects.
• Tribunal Claims & Dispute Resolution – Representing employers in Employment Tribunal proceedings, including high-value and reputationally sensitive claims involving senior staff, high-net-worth individuals, and complex discrimination or whistleblowing allegations.
• Workforce Status & Risk Mitigation – Advising on the use of agency workers and self-employed contractors, a key issue in construction, to reduce the risk of employment status disputes and ensure compliance with evolving employment law legislation.
• Senior Executive Matters – Drafting and negotiating directors’ service agreements, exit packages, and post-termination restrictions to protect business interests and minimise competitive risk.

Our construction lawyers are able to act for parties involved in real estate residential developments, including landowners, developers and funders and can provide tailored legal solutions to guide them through the entire project.

Our significant experience in drafting and negotiating construction agreements allows us to anticipate and get a grasp on potential challenges early on and find solutions that are both practical and commercial.

As a full-service firm, Herington Carmichael is best placed to support you throughout the entire residential development process, whichever capacity you are acting in. Our dedicated property law team regularly drafts, negotiates and advises on the full range of development agreements, including option agreements, conditional contracts and overage agreements. The construction team can subsequently advise on all aspects of construction contracts and relevant documentation to ensure that the project is moving forward and in the right direction. Together, our collaborative approach and strong commercial sense can give you peace of mind that we have the know-how and resources to advise you fully.

A few of our recent residential development projects include:

• Advising a developer on a block of residential flats with a build cost in excess of £10,000,000, to include advice on the latest high-rise building laws.
• Advising a local property developer on a building contract with its contractor for the building, development and eventual sale of a single plot worth in the region of £13million.
• Advising 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 £16million.
• Helping a leading property developer on a building and development contract for multiple plots worth in excess of £1,000,000.

Disputes frequently arise in construction projects and can be difficult and costly to navigate. Successfully resolving or avoiding disputes is crucial to concluding projects on time and within budget.

We act for housebuilders, landowners, main contractors, sub-contractors, funders and professional advisors on all types of disputes and disagreements arising out of the construction and building industry.

Whether you require an early assessment of your construction contract to advise you on the merits of any potential claim, or if you are on the receiving end of a construction claim, our experts will tailor their approach to suit your needs and aims.

We regularly advise developers on complex build projects in the UK. Our services span drafting and negotiating contracts to dispute resolution.

We have specialist construction lawyers who can provide advice to developers on housing estates, commercial buildings, infrastructure projects and more. We negotiate terms in standard form build contracts, and also advise on ancillary development agreements with contractors, purchasers and local authorities.

Whether you are starting out in the construction industry or are an experienced property developer, our understanding of the market and law means we are able to apply a commercial and contractually sound perspective to our support and advice.

Standard Form Build Contracts

Construction projects often involve complex and lengthy contracts as well as the involvement and management of various parties. Our construction team can advise on all standard form construction contracts (including JCT and NEC) and negotiate terms to produce a watertight contract in order to minimise the possibility of any future dispute.

Development Agreements

We advise stakeholders, including funders, landowners and developers across a wide variety of residential and commercial development projects with a focus on protecting our clients’ best interests. Our lawyers understand the challenges that are faced in negotiating and drafting development agreements and get a strong grasp on what will be required throughout the life cycle of the project, the basis on which the parties will be contracting with one another, and what level of contractual protection there is.

A single legal training session can help your staff to identify and deal with risks and issues and enable them to know when to seek further guidance. We offer training onsite or we would be pleased to host you at our offices. Alternatively, we can provide training remotely using video conferencing facilities, enabling live Q&A sessions.

We can provide training sessions which are designed to meet the needs of your business and address new or recurring issues which your business might face. We are experienced in providing training to staff across all departments, including in-house legal counsel and sales teams, to ensure that they stay ahead of current commercial law and / or regulatory law trends which might affect them in their roles within the business.

Employee Incentive Schemes (EMIs) are a strategic initiative implemented by a company to reward, retain and recruit its employees for achieving specific goals, improving performance, or contributing to the overall success of the business.

How can we help?

• Enterprise Management Incentive (EMI) Scheme
• Setting up an EMI scheme
• Long Term Incentive Plan (LTIP)
• Company Share Option Plan
• Growth Share Schemes
• Schemes for Startups

The implementation of an EOT involves the transfer of shares in a trading company, from the original owners, to a trust. The trust then holds the shares on behalf of the employees of the company.

Herrington Carmichael have a specialised team who have represented many clients in various EOT transactions.

We are able to advise on all stages of the EOT process, including:

• providing initial guidance on whether the relief requirements as set out in s236H(4) TCGA 1992 are likely to be satisfied to allow CGT relief to be obtained;
• preparation of the HMRC clearance letter;
• management of the due diligence process;
• assisting in the explanation of the EOT process to employees;
• advising on the trust composition;
• drafting and negotiating transaction documents; and
• advising on post-completion requirements.

Our Franchise Solicitors regularly advise on:

• Reviewing and negotiating franchise agreements
• Advising on establishing franchise networks
• Drafting and reviewing operations manuals
• Disputes between franchisors and franchisees
• Franchise contracts and employment advice
• Franchise data protection
• Franchise sub-lease agreements

Our expertise in franchising enables us to provide our clients with up to date market advice and solutions which are proportionate to the business risks posed to them as well as ensuring that they are within budget.

Our bespoke service provides our clients with invaluable assistance in negotiating a franchise on favourable terms, whether we’re acting for the franchisee or the franchisor, rather than merely just attending to drafting the legal documentation.

Our corporate insolvency team has vast experience in both the contentious and non-contentious aspects of insolvency, recovery and restructuring, regularly helping clients through difficult distressed situations.

Herrington Carmichael provides its expert advice to licenced insolvency practitioners, private companies, individuals and creditors on a full suite of insolvency, recovery and restructuring arrangements.

How can we help?

• Administrations
• Company Voluntary Arrangements
• Creditor Claims
• Debt recovery
• Directors in insolvency
• Distressed M&A
• Enforcing security
• Insolvency disputes
• Liquidations
• Regulatory Advice 
• Statutory Demands
• Winding-up Petitions

Our International Legal Services continue to support our business growth and our network of clients and referrals worldwide.

Herrington Carmichael has a diverse client-base covering international organisations, entrepreneurial businesses and individuals. We regularly provide and coordinate advice on international legal projects across a range of jurisdictions.

We are a long-standing member of the IR Global network having established relationships with over 160 firms in all major jurisdictions across Asia, Africa, the Americas and Europe, meaning we are well equipped to provide international legal advice and support that’s tailored to your requirements.

We also support our client’s international requirements by working with like-minded independent law firms around the globe or their existing counsel. We work with firms that share our values and provide expert advice. We have invested considerable resources establishing relationships within our network so that we can be transparent and work without interruption to support your needs.

International Services:

• Business Lawyers 
• International Contracts
• Immigration Lawyers
• UK & International Property Lawyers
• Private Wealth & Family Lawyers
• Expat Legal Advice 

Our M&A team provides pragmatic, commercially-relevant and bespoke advice at all stages of M&A transactions. Whether it’s structuring a data room for a vendor-led staged process bidding process, negotiating on your behalf during an all parties meeting or advising on a sale or acquisition, our team will provide their commercially relevant knowledge throughout the transaction. We advise clients in all stages of their business lifecycles, ranging from rapid-growth start-ups to listed corporates allowing us to provide tailored corporate advice relevant to the unique circumstances of each of our clients.

The M&A team cover a wide range of transaction types, ranging from smaller transactions to multi-million pound, complex deals. One section of the team specialises in complex M&A which involves intricate consideration mechanisms, multiple phased transactions, reorganisation of group structures pre-acquisition and often in tandem with our overseas colleagues where the transactions have international elements.

Yavan Brar leads the complex M&A team, using his particular understanding of the law and his skillset in translating the clients’ desired commercial outcomes into the drafting.

Some recent M&A Corporate deal highlights:

• DataOps.Live – advice on their £70 million Series Seed funding round led by the west-coast US venture capital investor, Anthos Capital alongside co-investor, Snowflake Ventures
• $60 million – New York Stock Exchange listed SatixFy Communications Ltd advised on sale of SatixFy Space Systems UK Limited
• £21.2 million sale of national financial advisory business to market consolidator
• £10.5 million sale of self-storage asset to US private equity fund
• £8.2 million sale of market-leading travel agency
• £5.3 million trade sale of multi-generational steel business to key supplier
• £2.7 million acquisition of independent financial advisor business by expanding financial advisory network
• £400k sale of UK manufacturing branch of US-based private equity backed label business
• £250k pre-pack sale of the business and assets of a national EV station installer in administration
• £100k sale of the business and assets of an insolvent regional audio-visual installer during liquidation

Private Equity or Venture Capital firms often have strict rules that companies need to adhere to if they want to take the investment and so the drafting of the legal documents is complex and comprehensive work. Herrington Carmichael have a large team of lawyers who have expertise in dealing with private equity firms and venture capital funds.

Our expertise extends to navigating the intricate regulatory landscape for private equity and venture capital houses and their investors. We assist in establishing tax-efficient funds, collaborating with tax advisors to devise structures that align with contemporary practices in private equity.

In the UK, Private Equity (PE) and Venture Capital (VC) investments necessitate careful consideration of various regulatory factors to ensure adherence to local laws and regulations. Consideration of these UK-specific regulatory factors is crucial for successful PE and VC investments, especially when engaging with entities like NS&I. Collaborating with legal professionals well-versed in the UK regulatory landscape is essential to navigate these complexities effectively. Here at Herrington Carmichael, we have the necessary skills and experience to assist you completing these types of transactions successfully and efficiently.

At Herrington Carmichael, we understand the intricacies of corporate restructuring in the UK landscape. Trust us to tailor legal solutions that align with your business goals, enabling you to navigate changes effectively and emerge stronger. Your success is our priority.

Our expertise in corporate restructuring ensures your business navigates transformative changes seamlessly. Our tailored solutions encompass demergers, Employee Ownership Trusts (ETOs), mergers and acquisitions (M&As), and the strategic separation of property from trading operations.

Demergers
When businesses need to realign their structures, our legal team facilitates demergers, ensuring a smooth separation of entities to optimise efficiency and focus.

EOTs
EOTs empower businesses by facilitating the transfer of ownership to employees, fostering a sense of shared responsibility and commitment. We have extensive experience with these types of corporate structure allowing favourable outcome for owners, shareholders and employees.

Mergers and Acquisitions
Navigating the complexities of M&As demands legal finesse. Our experts guide clients through every stage, from due diligence to post-transaction integration, ensuring a seamless process.

Separation of Property from Trading
Efficiently separating property assets from trading operations is crucial. We provide strategic counsel to safeguard your interests and maximise operational effectiveness.

Core Business and Ancillary Separation
Identifying and separating core business functions from ancillary operations requires precision. Our team ensures a streamlined process, protecting your core assets and promoting sustained growth.

At Herrington Carmichael we have specialist SEIS and EIS lawyers who can assist with implementing your plans.

As companies look to grow, external investment is often turned to by businesses through the provision of extra capital to fund growth plans. However, many external investors are reluctant to invest in a business until they fully understand the consequences of doing so, which includes the taxation impact of the investment.

The Enterprise Investment Scheme (“EIS”) and the Seed Enterprise Investment Scheme (“SEIS”) are tax-efficient government-backed schemes which allow qualifying businesses to fundraise from investors who are tax-resident in the UK.