Construction and Engineering

Our experienced team of construction solicitors specialise in providing transactional construction and engineering advice from project inception through to completion, with particular focus on real estate and infrastructure projects, development, property, or corporate acquisitions and finance.

We have expertise acting for both domestic and international clients (developers, contractors, high net worth individuals, investors, lenders and real estate funds) on a variety of development projects (high-end residential, commercial, mixed use schemes, infrastructure, leisure, student accomodation).

We have an excellent technical understanding of the construction process., and a breadth of experience of working with contractors, consultants, developers, investors, financiers.  Combined, this enables us to see the bigger picture and pre-empt legal and commercial issues that you may face.

Our loyalty to providing you with the best possible result, helps us gain insight and an in-depth understanding of your business and goals, and how the risk profile and your requirements may change throughout the duration of a project.

Whilst we can get involved at any stage of a development, in our experience our clients benefit from involving us as early as possible to work alongside them and members of the construction team. Early involvement enables us to get a good understanding of your goals, build a relationship with you and the professional team and draft documentation that is truly bespoke to your needs and reflects its commercial realities.

We can assist with:

Developers

  • advising on the most suitable procurement options;
     
  • pre-qualification questionnaires and tender interviews;
     
  • draft and negotiate the appointments of the professional team (bespoke or based on industry standard forms - RIBA, ACE);
     
  • draft and negotiate the terms of the building contract (based on the industry standard forms - JCT, NEC or bespoke, such as trade contracts or engineering, procurement and construction contracts), as well as letters of intent and pre-construction services agreements;
     
  • preparing construction security documents that you or a third party with an interest in the project (funders, purchasers or tenants) may require, such as bonds (performance, advance, retention), parent company guarantees, collateral warranties or third party rights, escrow agreements;
     
  • advising on any development obligations that you may have under agreements with third parties with an interest in the project (such as funders or tenants);
     
  • in conjunction with your insurance broker advise on the suitability of the works insurance agreements; and 
     
  • reporting to you / your funders on the security afforded by the suite of construction documents.

 

contractors

  • advise on the risks allocated to you by the employer under a building contract and carry out legal negotiations on your behalf;
     
  • the drafting and negotiation of the suite of sub-contracts.

 

Consultants

  • the negotiations of your terms of appointment and any related collateral warranties.

 

We also work closely with our:

  • Real Estate team to provide support in the negotiation of documents such as agreements for lease, development management agreements or sale contracts) with a development element;
  • Banking team to support the construction aspects of development finance deals;
  • Corporate and Commercial team in providing support in particular in relation to acquisitions of entities that own newly built projects that are in the course of being developed.
  • We also have experience in providing  dispute avoidance advice with support from our very experienced Disputes Resolution team

Brandusa Tataru-Marinescu, a Partner in the Real Estate team, specialises in Construction and Engineering and is ranked in Chambers UK. Brandusa is described as a "very capable lawyer" with a "broad non-contentious practice".

We can also help with issues ranging from day-to-day problems on site, to advising on specific procurement issues, legislation, health and safety duties under the Construction (Design and Management) (CDM) Regulations 2015, and negotiating complex documents for large projects.

Construction and Engineering Insights

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Blogs

“Creating empowered and responsible duty holders” | Applying the CDM Regulations to HRRBs

Don’t delay: contracting out of the prevention principle

The Hackitt report - what next?

“A principled outcomes-based approached with a clear model of risk ownership”

Professional appointments on construction projects: Make sure to include clear termination provisions

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Let us take it from here.

+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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