Construction and Engineering

Our experienced team of construction solicitors specialise in providing a comprehensive service of contentious, construction phase advisory and transactional construction and engineering advice, with particular focus on real estate and infrastructure projects, development, property and 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 accommodation, health, education, defence and science).

We have an excellent understanding of the real estate and construction industries and a breadth of experience of working with contractors, consultants, developers, investors and financiers.  Combined, this enables us to see the bigger picture and both pre-empt legal and commercial issues that you may face and help you successfully avoid, mitigate and resolve any disputes that may arise.

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 or whenever a dispute arises, 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 both 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;
     
  • drafting and negotiating the appointments of the professional team (bespoke or based on industry standard forms);
     
  • drafting and negotiating 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, third party rights and escrow agreements;
     
  • Drafting and negotiating asset and infrastructure protection 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 advising on the suitability of the works insurance agreements;
     
  • reporting to you / your funders on the security afforded by the suite of construction documents;
     
  • providing support during and after the construction phase including contentious construction legal advice encompassing dispute avoidance and mitigation advisory work, adjudication, mediation, commercial negotiation and litigation in the Technology and Construction Court

 

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 including flowing down obligations and risks contained in main contracts and agreements with third parties with an interest in the project;
     
  • project counsel advice and training to commercial and operational teams during the construction phase to assist with the avoidance, mitigation and resolution of both up and downstream disputes; and
     
  • investigating and advising on the avoidance, mitigation and resolution of delay, disruption, professional negligence, liquidated damages, payment, variation and termination disputes.

 

Consultants

  • negotiating appointment terms and any related third party rights and collateral warranties;
     
  • advising on any development obligations contained in agreements with third parties with an interest in the project (such as funders or tenants) that clients may wish to flow down into appointments; and
     
  • advising on, negotiating the settlement of and defending professional negligence claims.

 

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; and

Corporate and Commercial team in providing support in particular in relation to acquisitions of entities that own projects which have either been recently constructed or are currently in the construction phase.

We also have experience in providing dispute avoidance and mitigation advice, and resolving disputes through adjudication, mediation, commercial negotiation and litigation in the Technology and Construction Court for developers, contractors and consultants with support from our very experienced Disputes Resolution team.

"They are very thorough, knowledgeable and good at problem solving."

Chambers UK 2016, A Client's Guide to the Legal Profession

Brandusa is a "very capable lawyer," note insiders. She has a broad non-contentious practice".

Chambers UK 2015, A Client's Guide to the UK Legal Profession

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