Construction and engineering projects come in many shapes and sizes. If there is any complexity about the project it will often involve detailed negotiations and consideration of the contract at all stages up to the completion of the project and beyond. We can provide the full range of legal advice in relation to negotiating and drafting of construction contracts of all forms, including:
- Bespoke contracts
- JCT design and build
- JCT major project
- NEC 3
Engineering contracts, including internationally accepted forms such as:
- FIDIC yellow book
- MF/1 (rev 6)
We also advise on parallel contracts usually involved in major projects, which include:
- Performance bond
- Retention bond
- Parent company guarantee
- Collateral warranties
- Software licensing.
We are able to deal with all of these forms of contract, from development to handover and finally to expiry of the warranty and bond period.
If a dispute arises either during the project or after its completion, we are also able to provide specific, expert advice and assistance. While we take the view that it is invariably better to seek to resolve matters by negotiation where possible, sometimes disputes cannot be avoided. Our focus, in the first instance, will be on seeking an early practical solution to the dispute. If this is not possible, we will advise and represent our clients at all stages of the dispute, which can include:
- Pre-action negotiations
- Early neutral evaluation
If legal proceedings are necessary, we represent our clients in:
- County court
- High court (technology & construction court)
The choice of legal proceedings will usually depend on the terms of the relevant contract. Each case will be extensively examined and our recommendations will depend on the most beneficial assessment for our client in the circumstances, particularly if the construction or installation phase of the project has not yet been completed.
Our objective will always be to deliver a timely and cost-effective solution. Where matters do become protracted (and sometimes they do) we will aim to provide sensible cost budgeting for you and always be aware of the need to maintain a balance between objectives and cost.