Cesare McArdle

Senior Solicitor, Commercial and Construction Law

Cesare qualified as a solicitor into the Corporate and Commercial team at Herrington Carmichael in early 2015. He advises on a wide range of commercial legal matters, including large scale international agreements, business terms and conditions and other bespoke contracts.

Cesare also advises on all aspects of construction law including strategic procurement advice, all standard forms of building contracts, bespoke building and development contracts, sub-contracts, collateral warranties and professional appointments. Cesare regularly advises property developers, employers on building contracts, consultants, sub-contractors and any other business in the construction industry, as well as banks lending to those in the industry on a variety of different construction related matters.

Experience | Recent Projects

Construction

Leading Bank – Advice 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
Leading property developer – in relation to the professional appointments and associated collateral warranties on a site worth in excess of £20 million
“Construction sub-contractor”- advising a sub-contractor on various contracts with numerous household names in the construction industry
Local property developer – building contract with its contractor for the building, development and eventual sale of a single plot worth in the region of £13,000,000
Construction Contracts – Advice for 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.
Fit-out contractor- advising a fit- out contractor in respect of several high profile projects involving household names.

Commercial

Service Agreements – Assisting in advising a leading product solutions provider in relation to numerous nationwide high value services agreements including one with a national supermarket chain.
Advising a European product provider in relation to their terms and conditions
Advising a leading product developer in relation to the EU legislation in respect of EU sanctions and trading embargoes
Drafting and advising a software development company in relation to their main service provision agreement
Assisting the lead fee earner in advising a leading product developer on a pan European agreement in the electronics industry

Interests and Hobbies

Cesare is keen on many sports having played both field hockey and ice hockey in the past. Also enjoys playing tennis and has recently turned his attention to golf. He is also an avid Reading FC fan and can often be found at the Madejski stadium.

Cesare is also a keen runner having recently completed his first marathon as well as regularly running half marathons, 10km races and other fun run events.

Cesare McArdle

Solicitor – Commercial and Construction law

Office – 0118 977 4045
Direct – 0118 989 9709
Mobile – 07824 314 114

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I expect good industry knowledge and understanding that is why we pay to sub contract this work out but what impresses me when dealing with the team at HC is the speed in which the quality information is produced. In the construction industry contract finalisation is expected quickly to enable works to begin on site. HC consistently responded inside the agreed time lines, answered many queries same day and always returned calls promptly, they feel part of the team. Many thanks for all your help and advice.”

- Robert Hartwell, Stafford Bridge

Mark and Cesare in the Corporate & Commercial Department have been invaluable – they’re knowledgeable, personable and always deliver projects on time and within budget. They’ve become a seamless extension to our business and feel part of the team.

Our members particularly welcomed the webinar delivered by Cesare McArdle on procurement routes and their advantages, disadvantages and risks…Cesare was professional and extremely knowledgeable – able to answer multiple questions on the spot when delivering a live webinar to hundreds of construction professionals

- Dr Gina Al-Talal, Knowledge Hub Manager

I would like to thank Mark, Cesare and the whole of the team for all your hard work and the professional manner you dealt with what ended up being a very complicated contract. I look forward to working with you again soon

- Gary Brook

Mark, Cesare and the team at Herrington Carmichael are all extremely knowledgeable and on hand to offer speedy assistance on a whole range of topics

-Barry Evans, Zehnder Group UK Limited

We would like to thank Cesare McArdle and his team for their excellent work in recent contract negotiations. We have been impressed with the team’s professionalism, attention to detail and ability to deliver in a timely manner. They were a pleasure to deal with and we would have no hesitation in using Herrington Carmichael’s services again.”

- Kirsty Clifton ( Legal & Compliance Manager) & David Garwood (Head of IT) , Courtiers

Articles Written by Cesare McArdle

Do the Commercial Agents Regulations apply to your contract? Consequences of termination.

The Regulations give commercial agents certain rights that go beyond those implied under the common law of England and Wales. These include rights to minimum periods of notice and a right to a compensation or indemnity payment on termination of the agency agreement....

Are you relying on an express duty of good faith?

Parties to a contract can expressly agree that they will act in good faith under the terms of the contract, however generally speaking without an express obligation to do so, neither party is obliged to act in good faith towards one another under the contract. It is...

Mythbusting Common Misconceptions: The impact of Coronavirus on Contracts and their Performance.

We have had many clients come to us querying whether they can cancel service contracts, on the back of the recent COVID-19 outbreak. We have just as many clients come to us saying that providers, or indeed customers, are seeking to rely on a ‘Force Majeure’ clause, in...

Distribution Agreements – Globalising your Goods in 2020 and Beyond

Why can we buy Apple iPhones from John Lewis, Amazon or Currys, and Microsoft Office from Apple? The short answer is – these companies have distribution agreements in place with Apple. But what is a distribution agreement and why would a simple written or verbal...

Coronavirus: Practical Steps for Businesses in the Construction Industry

As cases of coronavirus (Covid-19) increase throughout the UK and the world as a whole, the adverse impacts on the construction industry are becoming a reality. There are many obvious issues which businesses could face such as cash flow issues leading to delayed...

Construction Contracts – Are Milestone Payments Valid and Enforceable?

In an important recent decision, the courts have highlighted two important issues when it comes to payments in construction contracts: 1) Milestone payments can be a valid payment mechanism meaning that the parties are free to agree to interim payments which are in no...

Late payers could face robust penalties

Late payments have been the scourge of small and medium size businesses (SMEs) for many years but despite the introduction of legislation to deal with the issue, it has not gone away. Unfortunately, businesses in the construction industry are particularly badly...

Impossible to perform a contract – are you still liable?

What happens when it has become impossible for a business to perform its contractual obligations and there is a force majeure or exemption clause in the contract? Unfortunately, the non-performing party could face having to pay out a significant amount of damages to...

Construction: When an unsigned contract binds the parties

A word of warning to those carrying out works without a fully signed and executed contract in place! The fact that one party has not formally executed a contract does not automatically mean no binding agreement has been reached. This is the vital lesson for businesses...

Post-Completion Defects: should you invite the contractor to remedy them?

Property defects often leads to significant additional costs as well as adverse publicity for the companies concerned. An important decision employers often have to make is whether the contractor should be asked - or allowed - to return on site to carry out the...