Construction Law

Our Construction Lawyers deal 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 requirements to ensure a successful working relationship between the parties.

Construction law services:

  • Advice on all standard form construction contracts (including JCT and NEC)
  • Construction contract preparation
  • Contractor or sub-contractor advice
  • Construction disputes
  • Consultant terms and conditions
  • Collateral Warranties
  • Development procurement options (design and build contracts, standard build contracts)
  • Development agreements
  • Joint venture construction agreements
  • Letters of intent
  • Security documentation – Advice for funders

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.

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.

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.

Depending on which position you have adopted in the construction project, it is important to consider what contractual protections you will require


Quick links

Sign up

Enter your email address for legal updates on Property & Construction Law.

Please see our privacy policy regarding use of your data.

Why should I consider selling affordable housing at “Golden Brick”?

When developing a larger residential site, it is common for the development to include dwellings to be allocated as affordable housing. The time of the acquisition by the Registered Provider can occur at a number of different times. This article focuses on sales at...

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....

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...

When a cap on liability is not what it seems

The court of appeal have recently handed down a judgment which highlights the importance of ensuring the terms of your contract are clearly drafted. If they are not, you may find yourself in a position where your liability is more than you first thought.[1]  In this...

Common Questions from Developers on Residential Leases

The current leasehold reform is changing the landscape of residential new build plot sales, both in terms of substance and policy. It is understandable therefore, that when property developers are readying their sites for plot sales there is an element of uncertainty...

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...

Companies failing to report payment practices

For more than two years now, large businesses have been legally obliged to publish their payment performance twice-yearly. The Reporting on Payment Practices and Performance Regulations 2017 were introduced as part of the government’s drive to increase transparency...

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...

Construction – What does practical completion really mean?

In the context of building works, the question of whether practical completion is achieved in law has not always been clear-cut. Valuable guidance has recently been given by the Court of Appeal, setting out important principles in determining what ‘practical...

Off-Payroll and IR35 in Construction

Some contractors provide their services through their ownlimited company. In the construction industry, this is often called
‘going limited’…

Construction Team

  • All departments
  • Agricultural Law
  • Banking and Finance
  • Brexit
  • Business Disputes
  • Commercial Law
  • Commercial Property
  • Competition Law
  • Construction
  • Construction disputes
  • Consumer Law
  • Corporate - MBOs & MBIs
  • Corporate Governance
  • Corporate Law
  • Corporate lending
  • Data, IT & Technology
  • Debt Recovery
  • Disputes - Declarations of trust
  • Disputes - Probate and inheritance
  • Disputes - Professional negligence
  • Disputes - Restrictive Covenants
  • Disputes - Shareholders & Partnership
  • Disputes - Tenants in Residential Property
  • Disputes - Wills, trusts & probate disputes
  • Disputes and Small Claims
  • Disputes with Co-owners
  • Divorce
  • Employee - Termination
  • Employer - Termination
  • Employment
  • Employment - Business protection
  • Employment - Collective consultations
  • Employment - Contracts, services, consultancy
  • Employment - Employee benefits
  • Employment - Employee Procedures
  • Employment - Equality, discrimination and harassment
  • Employment - Family Friendly Rights
  • Employment - GDPR and Data Protection
  • Employment - Post employment obligations
  • Employment - Redundancy & Reorganisation
  • Employment - Settlement Agreements
  • Employment - Tribunal Claims
  • Employment - TUPE
  • Employment - Wages, holiday and sick pay
  • Employment - Workers rights
  • Employment Tribunal claims
  • Estate Administration
  • Expat Legal Services
  • Family Law
  • Financial Services
  • GDPR
  • Help to Buy
  • Immigration law
  • Intellectual Property
  • International Legal Services
  • Key Property Contacts
  • Land and Property Disputes
  • Land, development and construction
  • Lasting Powers of Attorney
  • Leasehold
  • Licensing Law
  • Money, Tax and Inheritance
  • New Build Conveyancing
  • New Businsess
  • Property Finance
  • Property Law
  • Recovery & Insolvency
  • Regulatory, Compliance & Competition
  • Residential Property
  • Residential Property - Shared Ownership
  • Wills, Trusts and Probate


  • 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
  • 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
  • Helping a leading property developer on a building and development contract for three plots worth in excess of £1,000,000
  • Advising a leading property developer in relation to the professional appointments and associated collateral warranties on a site worth in excess of £20 million
  • 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

Latest news & insights

Contact Us

Award winning legal advice

We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.



60 St Martins Lane, Covent Garden, London, WC2N 4JS 

+44 (0) 203 755 0557



Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey. GU15 3YL

+44 (0)1276 686 222



Opening Soon

+44 (0)118 977 4045

© 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

Privacy   |   Terms and Conditions   |   Cookies   |   Client Feedback