Our team deal with project-related contracts and disputes. We prepare and negotiate development and lease agreements, main contracts, sub-contracts and terms relating to suppliers, and we cover procurement and funding. We can support you with dispute resolution concerning payment, delays and defects; negligence claims; planning; health and safety; regulatory problems, and employment or immigration issues.
Can I terminate the contract?
We would need to check the contract for you and see if there are specific grounds for termination (there normally are). Typically, there are strict requirements to give warning notices and to deliver any relevant notices in a specific way e.g. recorded delivery or by hand. It is crucial to follow the contract procedures carefully otherwise you could be held to be in serious breach of contract yourself and at risk of the “guilty” party terminating your contract and claiming loss of profit and the extra over costs of completing the works.
I have not been paid: can I walk off site?
This can be risky and could put you in serious breach of contract unless you have a contractual right to do so. You will need to check if the money in question is indisputably due (for example because of a lack of a payment notice or pay less notice from the paying party) and what contractual rights you have to terminate the contract. If you want to suspend work for non-payment, then a specific notice needs to be given in advance, which needs to be carefully drafted.
Why are industry standard form contracts so often amended?
Whilst it depends upon the form of contract concerned, most of them have their own “agenda” and the risk allocation may not be appropriate. Banks and other funders often insist on amendments being made to address these issues. We can provide a quick contract review at a sensible cost highlighting the main risks for you or can prepare a schedule of amendments making relevant and appropriate amendments to suit the project.
In addition to legal specialists, our team also includes quantity surveyors, building professionals and adjudicators, arbitrators and mediators. Working together, our team is ranked in the Legal 500 Directory alongside the construction practices of leading national firms. Members of the team sit on national committees such as Technology and Construction Solicitors’ Association and are closely involved in sector bodies such as the RICS, QSI, and Constructing Excellence Best Practice Clubs in Birmingham, Herefordshire and Worcestershire and Gloucestershire. Our experience in the industry, combined with our friendly, professional nature, delivers results.
Legal 500 – “The construction team has a wide range of expertise – an excellent group.” “Very approachable team with a practical knowledge of the construction industry.”
We act for a wide range of clients, such as funders, developers, consultants, main contractors and sub-contractors. Working for the likes of Lloyds Bank, Tarmac and the University of Gloucestershire, our clients come from a number of sectors, including financial services, construction, education and energy and renewables.
When it comes to working with you, we always tailor our support, whether that’s drafting bespoke contracts for your project, or pulling out all the stops to get your development completed on time, and on budget.
When John, a retired engineer, was denied an entitlement to a share of the company which he helped to build up, he turned to dispute resolution expert Dominic Hopkins for assistance.view full case study
From advice on planning strategy, right through the building phase to sale agreements, HCR’s development team made a new inner-city mix of housing and commercial units over five storeys possible for developer Hatchbury, helping the development to progress despite the Covid-19 pandemic and all of the associated site closures.view full case study
The winning combination of legal expertise in both construction and healthcare offered by Harrison Clark Rickerbys proved to be just what the Abbeyfield Worcester Society needed for the creation of their new retirement apartments in Worcester.view full case study