Contracting

More often than not, where problems arise in a construction project, those problems can be tracked back to decisions made at the procurement and contract formation stage. Experienced advice at that stage is therefore key in terms of keeping a project on track.

Experience matters. An argument over wording in a contract is only worth having if the issues involved have commercial implications in practice. We have the experience to recognise which terms are the ones to focus on. That experience is what gives us the edge in delivering pragmatic, commercial and good value advice.

We provide procurement strategy and contract advice to developers, contractors, sub-contractors, consultants, funders, tenants and purchasers. That advice is designed to align with our client’s corporate and commercial objectives together with any parameters imposed by insurance, statutory or relevant third party requirements.

We work day in, day out with the usual standard form contract suites published by the SBCC, JCT, NEC, RIAS and ACE and are also familiar with the FIDIC and the IMechE/IET contract suites.

We regularly advise clients in relation to performance guarantee documentation such as collateral warranties, performance bonds and parent company guarantees.

Once contracts are in place, we support our clients through the operational phase of the project providing advice and assistance in relation to any issues that may arise, such as:

• Payment / valuation issues
• Compensation Events
• Non-performance / sub-standard performance
• Novations
• Insolvency

Examples of projects in which we have acted include:

• Acting for Luddon Construction Limited in relation to the construction for a Council of an Anaerobic digestion Plant
• Providing procurement and contract advice in relation to the construction of a new distillery