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

Herrington Carmichael provided vital legal advice to ensure we met critical business needs while protecting our interests. They have become a trusted resource for our growing international company.

- Joe Bonavita, General Counsel

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

Back to back agreements

A back to back agreement is used in commercial arrangement where you enter into a contract with a third party and some or all of your duties and obligations are to be performed by a third party, or you are reliant on the actions of a third party in order to fulfil...

Benefits of having a contract in place

If you have a good relationship with your counterparty you may be comfortable entering into a relationship based on a “gentlemen’s” agreement or a more informal agreement than a written agreement. However, we would always recommend entering into a written agreement...

Commercial Contracts: Negotiating out of problems

How to develop a strategic approach to problems? When issues arise in respect of contracts, before rushing into any decisions and potentially worsening both your commercial and legal position as a business you must always consider both the terms of the contract and...

Contract Variations – how to implement them correctly

Parties may agree to vary the terms of a contract by mutual agreement, one party may have the unilateral right to amend some or all of the terms, or there may be a contractual process that the parties are required to follow in order to make changes – this will depend...

COVID-19 and force majeure clauses: the position moving forward

What is a force majeure clause? A force majeure clause typically excuses one or both parties from performance of the contract in some way following the occurrence of certain events. There is no set form of force majeure clause wording, so clauses must be considered on...

An overview of Force Majeure clauses

Commercial Agents Regulations in a 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: force majeure

The force majeure clause is frequently seen as a “boilerplate” clause which often receives little or no attention, rarely forming part of the contract negotiations. In this article we look to bust some of the common misconceptions in respect of force majeure clauses....

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...