Procurement, Contracts and Operations
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 contractual drafting is only worth having if the issues involved will actually have some sort of commercial implication in practice. There are an infinite number of things that could conceivably happen during a construction project and so you need an adviser who can see the wood from the trees and focus on the issues that are of commercial importance. We have the necessary experience to deliver pragmatic and commercial advice without getting side-tracked.
We advise developers, contractors, consultants, funders, tenants and purchasers in relation to procurement strategies and contract terms with a view to keeping those in line with our clients’ corporate and commercial objectives and 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, by providing advice and assistance in relation to any issues that may arise, such as:
• Payment / valuation issues
• Compensation Events
• Non-performance / sub-standard performance
Examples of projects in which we have acted include:
• Acting for Sabhal Mor Ostaig in relation to the construction contracts and appointments for the new college building at Kilbeg, Isle of Skye.
• Acting for Luddon Construction Limited in relation to the construction for a Council of an Anaerobic digestion Plant.
• Acting for a distillery in relation to the construction contracts and appointments for their new manufacturing facility.