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.
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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.
Our team includes legal specialists, and also non lawyer consultant quantity surveyors, adjudicators and arbitrators. The team is ranked highly in the Legal 500 and Chambers directories. Its members sit on national committees such as the Technology and Construction Solicitors’ Association and are closely involved in construction sector bodies such as the Society of Construction Law, Interact, RICS, QSI, and Constructing Excellence Best Practice Clubs in Birmingham, Cambridge, the Midlands, Herefordshire and Worcestershire and Gloucestershire. Our considerable experience of the construction industry, combined with our responsive and professional nature, delivers results for our clients.
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 in the public and private sector involved in construction and engineering, such as developers, contractors, consultants, manufacturers and funders. Our insurance and risk management expertise is becoming increasingly relevant to the construction sector. We also lead on disputes referred to us by the construction professional bodies or by those seeking resolution consultancy. We have a particular focus on construction as it applies in the property development, education and energy industries. Our clients are UK wide and we also have international reach via our membership of LawExchange International.
When it comes to working with you, we have a considerable degree of experience of advising on construction and engineering matters, so get in contact with us to see how we can support you.
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