"An excellent and very modern practice with a practical
approach and an understanding of business issues."
Chambers & Partners 2012
Construction is one of the oldest
forms of technology, but we take a modern and practical approach to
it. We treat construction and infrastructure as a
specialisation, but within the context of a bigger commercial
picture - we have advised on projects and disputes in Sectors
ranging from Real Estate, Education and Retail to Sport, Leisure
and Gambling. We regularly provide integrated advice to
clients in conjunction with members of our Corporate, Finance, Real
Estate, Litigation and Tax teams.
Our clients rely on construction and
infrastructure advice from members of the Team in our various
international offices including in England, Germany, Spain and
Singapore and elsewhere through our best friends network.
We work with our clients from project
conception to completion and beyond advising on procurement
methodology as well as drafting and negotiating a full range of
appropriate construction documentation. We also advise on the
construction aspects of development, property sales and
acquisitions and issues relating to investment property.
Where they find themselves facing
disputes, our clients benefit from our recognised contentious
capability with its emphasis on problem solving. We are
experienced in representing clients in various types of ADR, but if
there is no alternative or the client elects to pursue formal
proceedings (such as adjudication, arbitration or litigation), we
help our clients to manage risk and maximise the return from their
investment in these processes.
Our Construction Team has a clear
understanding of the issues that affect the construction industry
as well as access to good contacts across various Sectors.
Team members include lawyers who have first-hand in-house and
industry experience and the editor of a leading construction law
text book.
Our Blog, Constructive, demonstrates
our thought leadership on the latest legal, technological and
policy developments that shape the industry. We also write
regularly for leading publications and we are currently involved in
helping the CIOB to produce a new standard form of contract for
domestic and international use on complex projects.
We are committed to producing high quality legal solutions which
are business-conscious and cost-effective.
Visit our construction and development blog:
Constructive
Aspers Stratford City
- providing construction advice on all aspects of the complex and
high spec fit out of the Aspers Casino at Westfield,
Stratford. Advice included procurement, drafting and negotiation of
all building contracts and appointments, and
providing input into the Agreement for Lease and
Lease
F&C Reit - we
have provided comprehensive construction advice and support on
various property acquisitions and disposals for F&C Reit,
including the recent £160 million sale of St Katharine's
Docks, London. We have also acted for F&C Reit on
their development of various sites in England.
Help for
Heroes - pro-bono construction advice (drafting and
negotiating building contracts, appointments, warranties, bonds and
escrow agreements) on three major projects helping wounded
soldiers transition from the armed services into civilian life and
providing a "safety net" for the rest of their lives : (1) the
£20 million capital works/refurbishment of Tedworth House into
a Personnel Recovery and Assessment Centre ; (2) Phoenix
House, a new build rehabilitation centre costing £12m
within the garrison at Catterick; and (3)
the development of the Royal Navy Personnel Recovery Centre in
Plymouth comprising accommodation and rehabilitation
facilities at a cost of £21m
Legal
& General - We regularly
act for Legal & General in relation to the drafting and
negotiation of the construction documents across all property
sectors as part of their development activities. This involves
providing our client with advice relating to building contracts,
appointments, associated collateral warranties and novation deeds.
It also involves providing ongoing advice to the client in the
event issues arise on site during the course of its developments.
Finally, we also regularly consider construction-specific issues
for Legal & General when negotiating property documents such as
agreements for lease and licences for alterations.
"We acted on behalf of a civil engineering contractor in
relation to a contract involving the removal of
decommissioned sewer pipes and associated infrastructure works in
South-East Asia. Our work included reviewing the client's
main contract and associated tender
documentation and drafting a brand new set of
amendments to a specifically tailored sub-contract."
Partner Projects - We
successfully represented a contractor client, Partner Projects
Limited, in enforcement proceedings in the
TCC brought against Corinthian Nominees Limited ("CNL") in
respect of an Adjudicator's award over PPL's interim
account entitlement. The dispute arose over the
development of a luxury new build property in St John's Wood,
London which fell into delay. The enforcement proceedings
involved complex issues regarding the Adjudicator's award of
interest and whether or not this fell outside of the Adjudicator's
jurisdiction as well as dealing with CNL's application for a stay
on the basis that PPL was allegedly insolvent. Mr Justice
Edwards-Stuart decided that the Adjudicator's award of interest
fell within his jurisdiction and refused CNL's application for a
stay.
Regent St - We acted for two high
profile developer clients in a long running multi million
pound delay claim arising from the refurbishment of an iconic
building in one of London's prime retail areas.
Under the building contract the property was transformed
to mixed use retail, restaurant and high end office areas
in ten sections of work. Unfortunately, the project fell into
substantial delay and the contractor brought two adjudications
against our client, first alleging that the liquidated damages
provisions of the building contract were unenforceable and second
claiming a full extension of time. Our
client successfully defended
both adjudications. Disputes also arose
over the variation account, loss and expense entitlement and
complex issues regarding partial possession of services
and sectional completion and we strategically
managed every aspect of the claim."
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