Construction & Projects

We understand the importance of collateral warranties in providing rights to those who would otherwise not be party to underlying contracts such as professional appointments, building contracts, and sub-contracts. Our Construction & Projects lawyers regularly advise on the need for these warranties, their drafting, and on the potential alternative use of third–party rights under the Contracts (Rights of Third Parties) Act 1999. 

• Advised a landowner on a 20-unit residential build development. Advised on and drafting promotion agreement, construction management agreement, funding agreement, step-in agreement, consultant appointments and collateral warranties.  
• Advised the owners of four business parks in southern England on the refurbishment and construction of offices, laboratories, and other facilities; advice included drafting and settling framework appointments for consultants, direct professional appointments, building contracts, warranties, bonds and guarantees.  
• Advised on the refurbishment of existing buildings (offices, laboratories, and other facilities) including drafting and settling appointments for consultants, building contracts, warranties, bonds and guarantees and related documents for the owners of Milton Park Oxfordshire.   
• Drafted and negotiated the building contract and professional appointments, warranties and associated documents for an owner to develop two warehouses in Oxfordshire in two separate phases with different contractors.

Our dedicated Construction & Projects lawyers have unrivalled expertise in relation to all the standard forms of construction and engineering contracts and have provided in-house training and seminars on their interpretation and use for clients. The team has been called upon to draft the existing standard-form construction documents including the MOD’s “Defcon 2000”, the construction-related documentation for NHS Lift and Building Schools for the Future, the JCT – Constructing Excellence Contract and the Term Maintenance Contract for the Highways Maintenance Efficiency Programme.

• Advised on the redevelopment of the Oval Cricket Ground London for the owner, advised on procurement structure, drafted and negotiated the construction contract and professional appointments, and related documents – one of the first projects to use the JCT Major Project form.
• Advised councils in the South West of England on the procurement of an outdoor sports complex and associated facilities pursuant to JCT D&B 2016 and Minor Works with Contractor’s Design 2016, roofing remedial works and funding for a brewery and canalside regeneration scheme.
• Advised and drafted the contract suite based on JCT D&B 2016 with further considerations for phase 1 (£60m) proposed hotel development in Cornwall, acting for Kingfisher UNA Resort Ltd and St James’ Construction Ltd.
• Acted for Ecotricity Group on the procurement of a number of projects and related contract advice relating to MF/1, JCT and bespoke appointments with engineers based in Italy, Germany, and the Czech Republic.
• Advised US-based Infracapital on various contractual issues based on its multi-utility connection works for universities for gas connections with statutory undertakers such as British Gas in the UK.
• Acted for bio-gas generator on the procurement of a number of projects and related contract advice relating to MF/1, JCT and bespoke appointments with engineers based in Italy, Germany and the Czech Republic.
• Advised on the proposed UK roll-out of grass-fed-only AD farms for an energy company (procurement via IChemE red book).
• Drafted supply, installation and commissioning contracts for anaerobic digestion plants for an Austrian engineer – bespoke contracts, IChemE Red Book and MF/1 procured across England and Scotland (140kwp-2.4mwp schemes with Downing funding considerations) including specialist plant and civil engineering.
• Advised on the negotiation and use of various NEC forms of contract for a broad client base.
• Advised a real estate developer in respect of the acquisition of an office building in central London with a view to residential development, including advice in relation to planning matters, drafting and negotiating the JCT contract and professional appointments.
• Acted for the fit-out contractor refurbishing a well-known hotel in Mayfair. The form of contract was a JCT Design and Build Contract amended by a schedule of amendments. Ensured that the contractor was fully aware of the design risk and passing this on. Sectional completion dates on a room-by-room basis were key issues.

Working closely with our experts in the real estate department, our Construction & Projects lawyers have substantial expertise in all aspects of property development and its funding. We have a full understanding of the construction aspects of any development and the link between the development obligations in a development agreement and the relevant professional appointments and building contract documentation.

• Advised the University of Sheffield on its award-winning world-leading new Engineering building.
• Advised on the negotiation and structuring of over 35 independent power projects for renewable and conventional technologies, including the key project contracts, from development agreements/joint venture agreements, EPC, O&M, offtake/PPAs and grid connection, to related project financing.
• Advised on bespoke development agreements for clients in the care home and student accommodation sectors.
• Advised on the review and negotiation of development agreements and construction documents for projects (generally airport assets) valued at approximately £500 million, as a sub-consultant to an American law firm.

Our expert construction lawyers have in-depth construction sector knowledge,  allowing them to advise clients on how best to prevent disputes from arising and, should a dispute arise, successfully guiding clients through the plethora of other options available to them including mediation, adjudication, arbitration, or litigation.

• Acted for Cambridgeshire County Council in TCC proceedings (including mediation proceedings) in relation to a delay and disruption dispute concerning the construction of the Cambridgeshire Guided Busway on the NEC 2 Contract for damages in the region of £100 million.
• Advised an UAE-based shipyard on issues and claims (worth approximately US$50m) relating to delays related to the construction of a mobile offshore drilling unit and disputes with the original jacking equipment manufacturer.
• Harweel Cluster Phases 2A and 2B Oman – construction of an oil and gas process plant. Providing support to the EPC contractor in respect of claims for extension of time and addition payment due to changes in front end engineering design criteria and specification amendments. Supporting the client in negotiations and preparation for dispute resolution process.
• Acted for a large Japanese contractor in an ICC arbitration in relation to the construction of a significant road in East Africa concerning claims in the region of US$160m. The issues included non- and late-payment of IPCs, extensions of time, delay and disruption, termination, performance security and quantum.

• Advised a specialist construction management provider in a significant dispute with a joinery subcontractor on two major London projects, resulting in multiple adjudications and disputed Part 8 proceedings, involving joinery, programming, and quantum analysis of the effects of alleged extensions of time.
• Acted for a design and build contractor of a 150-bedroom hotel in Shoreditch in respect of four adjudications and associated enforcement proceedings in the TCC.

Our specialist Construction & Projects lawyers have wide-ranging experience of setting up facilities maintenance arrangements both in relation to “hard” FM (repair and maintenance) and “soft” FM (cleaning and catering), often linked to ongoing performance monitoring and incentivisation arrangements.

• Advised on procurement and drafted and negotiated a number of works and maintenance contracts and professional appointments for building works and the installation of an advanced garment handling plant for a fashion retailer at a large warehousing facility in Northamptonshire.

Framework agreements enable serial employers to engage organisations quickly and without undue formality. Our expert team regularly advise on the structuring, drafting, and operation of such agreements, with particular insight in the context of public procurement.

• Drafted SMA Building and Maintenance Solution Limited’s framework agreement with Majestic Wines for property maintenance work to be done across 107 stores, within the UK.
• Drafted and negotiated a framework utility infrastructure agreement for the landowner with an independent distribution network operator in respect of large-scale gas and electricity upgrades and supply for the development of land at Silverstone Park Northamptonshire.
• Acted for a major UK supermarket in drafting and negotiating collaborative framework contracts for consultants and contractors for the redesign and fit-out all of their UK stores, including novel provisions for snagging works and defects rectification whilst the stores were trading.
• Advised a national contractor on the termination of a framework housing maintenance project to avoid penalties and contra-charges on termination.

The very nature of the construction industry makes it highly susceptible to health and safety issues. Our expert lawyers help construction businesses understand their responsibilities in a time of increasingly demanding restrictions, guiding them on how to prepare , how to navigate potential problems between employer and contractor, and what action to take when incidents occur.

• Acted for a housing association in relation to 42 disputes concerning defective cladding and fire safety on residential properties, several of which were resolved by way of litigation.

• Acted for a client under the CDM Regulations in a HSE prosecution of multiple alleged breaches on two sites with a starting-point fine of £960,000 for each site.

• Defended an ongoing investigation of a company into a death resulting from working at height, including the coroner’s inquest.
• Represented a national retailer of stair lifts in relation to the HSE investigation into fatality arising out of installation of stair lift including representing the managing director at the coroner’s inquest.
• Represented a waste contractor in the prosecution arising out of the de-sheathing of a leg of visiting contractor.
• Prosecuted many and varied cases on behalf of the HSE including: a specialist dive team prosecution arising out of the death of an individual on a recreational dive; a specialist quarry prosecution revolving around policy on safe face heights and scaling; a large public school for breach of asbestos regulations.

• Conducted three-day hearing before the employment tribunal in relation to an appeal against a HSE prohibition notice.

• Represented numerous social housing registered providers against contractors/consultants in disputes arising in relation to the Building Safety Act and aligned Defective Premises Act amendments, as a consequence of defective fire safety works and contravention of Building Regulations relating to fire safety.
• Advised on the fallout from a main contractor insolvency and the appointment of a new contractor for a project in Soho, London, including dealing with time-critical advice relating to site control and health and safety liabilities on one of the busiest weekends for the street in which the project is located.
• Advised and support registered provider client negotiations with main contractors in respect of complex settlement agreements addressing defect remediation and damages as compensation for cladding and external wall defects under the Building Safety Act and Defective Premises Act.
• Acted for the developer on a dispute over fire-safety-related building defects and agreeing new terms for sale using a building regulations functional compliance assessment by an IFE-registered fire engineer.
• Advised on a fire safety review of a UK pension fund’s property portfolio with estimated remedial works of £111 million, including negotiation of MHCLG-compliant construction documents for 37 developments, review of fire engineer reports, and drafting tenant correspondence.

Working closely with our commercial colleagues in relation to the setting up of incorporated joint ventures, our Construction & Project lawyers advise on arrangements that span informal arrangements to work together through to formal agreements.

• Advised on the negotiation and structuring of over 35 independent power projects for renewable and conventional technologies, including the key project contracts, from development agreements/joint venture agreements, EPC, O&M, offtake/PPAs and grid connection, to related project financing.
• Acted for a joint venture of railway contractors in a series of disputes against Network Rail concerning works to the West Coast Main Line Upgrade, including a dispute concerning claims of in excess of £200m concerning delay and defects and a dispute heard in the Court of Appeal.
• Advised a joint venture on contractual liability for significant latent M&E defects at a private educational facility in North London.
• Advised on a contractor and subcontractor dispute in the Middle East, involving a joint venture between Chinese and Spanish companies.
• Advised a joint venture developer on a significant commercial and residential development in the North East.
• Teesside Biomass Power Plant, UK – negotiating EPC Contract for a 299 MW biomass-fuelled power plant to be constructed at Teesport, UK. Negotiating joint venture and consortium agreements for the contractor. Negotiating major equipment supply contracts. [Project value $900m, supply contract values $400m.]

With significant experience in drafting and negotiating novation agreements, our specialist lawyers understand the complexities of such agreements that enable both the benefit and burden of legal agreements to be passed from one contracting organisation to another. We advise our clients on the importance of considering the possibility that such an agreement might at some stage need to be reversed and that the original employer may require direct rights against the novated party by way of a collateral warranty.

• Drafted contracts (JCT, ICC-based plus consultants’ appointments, assignments and novations) for a number of hotel groups including Holiday Inn Express, Luxury Family Hotels Group and Cotswolds-based boutique hotel group Dunkerton Properties LLP with a build value for each site of between £450,000 and £4.2m.
• Drafted and negotiated a two-stage building contract for the conversion of the Grade II listed Welsh Chapel on Shaftesbury Avenue, London into a flexible performing arts space and restaurant to be operated by an arts charity. Also dealing with specialist theatre and lighting named subcontractor appointments and their subsequent novation to the contractor.
• Drafted contracts (JCT, ICC-based plus consultants’ appointments, assignments and novations) for a number of hotel groups including Holiday Inn Express, Luxury Family Hotels Group and Cotswolds-based boutique hotel group Dunkerton Properties LLP with a build value for each site of between £450,000 and £4.2m.
• Reported case: Yarm Road Limited v Costain Plc[2001] 01-228 TCC: (Novation Agreement within s104 HGCR Act 1996)

Our experts have substantial experience of setting up long-term operation and maintenance arrangements and guide clients on documenting services to be provided monitoring the performance of service providers.

• Advised on a roof-top solar installation works contract and an operation and maintenance agreement for use in multiple roof-top solar projects for the owners of a number of business parks in Southern England.
• Drafted SMA Building and Maintenance Solution Limited’s framework agreement with Majestic Wines for property maintenance work to be done across 107 stores, within the UK.
• WestConnex, Sydney, Australia – major motorway upgrade project. Advised on and drafted the Request for Tender, Interface Agreements and an Early Works Agreement for the M4 Widening phase of the WestConnex Project. Advised on and drafted D&C Contract, tolling contracts, and maintenance contract for the M4E phase which involved major tunnelling works. [Project value $2500m.]
• Advised a British train operating company on a full suite of bespoke documents for development, design, and maintenance works, including delivery of a client workshop.
• Advised a client on the re-negotiation of an energy supply from District Heating Network and issues relating to the maintenance of the same.
• Developed a suite of maintenance contracts for City West Housing Trust for all of their future maintenance works, including drafting, negotiating and advising upon a bespoke maintenance contract for City West Housing Trust for a four-year contract worth £20m with Kinetics Group.

Our experienced Construction & Projects lawyers advise on, negotiate, and draft the documentation to provide legal protection without being unnecessarily onerous. We also advise on contentious performance bond claims. Our team’s expertise spans a wide range of sectors including retail, life sciences, sports, and hospitality.

• Acted for Yuanda in the reported case Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd (and another), which considered whether an ABI performance bond could be called for liquidated damages before the final account was settled/resolved (including by adjudication).
• Supported a leading provider of housing and construction services in the UK with Alternative Dispute Resolution for a council and the M&E consultant and contractor, regarding issues with the heating and water supplies on a large London authority housing development, and losses incurred as a consequence, which involved a claim against a council for failure to release a performance bond.
• Acted for Saint Christopher and Nevis regulated insurance company in respect of the claims it received in relation to its performance bonds in the UK construction sector.
• Advised the owners of four business parks in southern England on the refurbishment and construction of offices, laboratories, and other facilities; advice included drafting and settling framework appointments for consultants, direct professional appointments, building contracts, warranties, bonds and guarantees.
• Drafted and negotiated the building contract and letter of intent for works on a sports facility and stadium in Portsmouth.
• Advised on the refurbishment of existing buildings (offices, laboratories, and other facilities) including drafting and settling appointments for consultants, building contracts, warranties, bonds and guarantees and related documents for the owners of Milton Park Oxfordshire.
• Advised on a residential and retail development in Marsham Street London – drafting design and construction works conditions and direct agreement with design and build contractor, settling parent company guarantees and retention bond, and reviewing and settling funding issues and insurance arrangements.
• Acted for Saint Christopher and Nevis regulated insurance company in respect of the claims it received in relation to its performance bonds in the UK construction sector.
• Advised a property developer on issues relating to the project fallout following the main contractor’s insolvency on a large hotel and restaurant project, including dealing with termination as well as Bond, consultancy issues, and damages.
• Represented a national contractor on claims and counterclaims relating to the delivery of works on a PFI project including complex concurrency and quantum issues and securing settlement terms.
• Advised a Hertfordshire-based groundworks contractor on a PFI contract dispute, involving a car park for a Hospital, where the client was a subcontractor to a Construction engineering company.

• Advised on Oldham HRA Sheltered PFI Project; Stanhope HRA Housing PFI and Regeneration Project; Woking Housing PFI Project; Kent Excellent Homes PFI Project; Camden Care and Extra Care PPP Project; and Walsall Sheltered Housing Project.
• Advised on Mersey Gateway, UK, a PPP project for a new bridge and associated infrastructure to replace Runcorn Bridge in Halton Borough, Merseyside.

Our leading experts understand the fundamental differences in advising public and private sector organisations in relation to their procurement needs. Public sector organisations must comply with stringent EU procurement requirements and we guide them through these requirements, at the same time advising them on the appropriate form and content of all procurement documentation. Our private sector clients, although free from EU procurement requirements, benefit from our understanding of their industry sector and the guidance that we support in considering their goals, working hand in hand with them to achieve and frame their individual procurement requirements accordingly.

• Advised an Oxford University College on the procurement structure and works relating to the installation of a ground source heat pump.
• Advised on the redevelopment of the Oval Cricket Ground London for the owner, advised on procurement structure, drafted and negotiated the construction contract and professional appointments, and related documents – one of the first projects to use the JCT Major Project form.
• Advised on procurement and drafted and negotiated a number of works and maintenance contracts and professional appointments for building works and the installation of an advanced garment handling plant for a fashion retailer at a large warehousing facility in Northamptonshire.
• Advised the successful bidder for a leisure and recreation services contract on a challenge from an unsuccessful tenderer under the UK public procurement regime. Also advised a public authority on public procurement compliance before and during the tender period for a highways contract.
• Drafted numerous NEC-based contracts for the London 2012 Olympics, including the contract for the Delivery Partner (project manager) and the engineering contracts for structures, roads and bridges within the Olympic Park and the contract for site security during the construction phase, which all involved advice on the public procurement rules.

• Advised a UK university on its procurement strategy and frameworks for housing and teaching blocks and a sports institute.

• Provided procurement advice and drafted contracts for the Cell Therapy Catapult (Innovate UK) on its £6m clean-room fit-out contract for research and development at Guy’s Hospital.
• Advised councils in the South West of England on the procurement of an outdoor sports complex and associated facilities pursuant to JCT D&B 2016 and Minor Works with Contractor’s Design 2016, roofing remedial works and funding for a brewery and canalside regeneration scheme.

Our expert lawyers work closely with clients to terms of engagement in relation to hiring consultants and professionals. We understand the importance of careful and comprehensive drafting in order to establish duties of care, and minimise risk.

• Drafted and negotiated the building contract and professional appointments and associated documents for the re-build of a rural retail centre in England for the owner with a pre-let tenancy with a national food retailer.
• Advised ACNielson on their move to a new business park in Oxford including drafting and negotiating the building contract and professional appointments and associated project documents.
• Advised a real estate developer in respect of the acquisition of an office building in central London with a view to residential development, including advice in relation to planning matters, drafting and negotiating the JCT contract and professional appointments.
• Advised on the refurbishment of existing buildings (offices, laboratories, and other facilities) including drafting and settling appointments for consultants, building contracts, warranties, bonds and guarantees and related documents for the owners of Milton Park Oxfordshire.
• Advised on the redevelopment of the Oval Cricket Ground London for the owner, advised on procurement structure, drafted and negotiated the construction contract and professional appointments, and related documents – one of the first projects to use the JCT Major Project form.
• Advised the owners of four business parks in southern England on the refurbishment and construction of offices, laboratories, and other facilities; advice included drafting and settling framework appointments for consultants, direct professional appointments, building contracts, warranties, bonds and guarantees.
• Drafted and negotiated building contract and professional appointments for the expansion of GP practices in Oxfordshire.
• Drafted and negotiated the building contract and letter of intent for works on a sports facility and stadium in Portsmouth.
• Created and negotiated an integrated set of bespoke consultants’ appointments and building contract for the refurbishment of three buildings in Soho to create a residential and commercial space which mixes the restored old stone façade and modern bronze cladding.
• Acted for a major UK supermarket in drafting and negotiating collaborative framework contracts for consultants and contractors for the redesign and fit-out all of their UK stores, including novel provisions for snagging works and defects rectification whilst the stores were trading.
• Drafted and negotiated consultants’ appointments and the building contract for the redevelopment of a famous restaurant site in Soho, including dealing with the proposed tenant’s requirements and advising on the construction aspects of the agreement for lease.