With effect from 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA) affects the ability of Contractors to terminate on grounds that the Employer has entered a formal...
Construction and Engineering
Operating within the construction and engineering sector, you will regularly require procurement solutions for the purposes of residential, commercial or industrial development, the installation of plant or machinery, refurbishment, or any other construction operations.
The procurement process entails three phases – pre-contract, construction and handover – which begins at inception and continues until the asset is in use. The procurement route you follow will largely depend on time, cost and quality factors.
Whether you are a developer (including housing associations), building contractor, specialist sub-contractor, education establishment, commercial occupier, or funder, we can become part of your team by advising on construction and engineering issues.
Take advantage of our Project Briefing and Project Planning service which highlights any potential problems (and solutions) and allows for cost budgeting. We can offer fixed menu pricing for certain construction and development documents for appropriate developments.
Our Contract and Appointment Review service is aimed at contractors and construction professionals who require building contracts and consultant appointments to be considered and any onerous or risk items flagged up before they are entered into.
Occasionally, you may require assistance in resolving disputes in either the private sector or public sector. In most cases, a Pre-action Protocol applies to most construction and engineering disputes and governs the parties’ conduct prior to the issuing of court proceedings.
We work with you to reduce or avoid the risk of disputes as far as possible. Where disputes or differences arise, we manage them carefully. We prepare a Case Report setting out our advice on the available options whilst considering the value of the dispute and its complexity. We provide strategic focus and a recommended course of action which considers any commercial factors that may influence your aims and objectives.
Our costs estimating spreadsheet provides accurate estimates for each stage of the dispute process, based on our key assumptions, which allows forward budget planning and tactical decision making.
Disputes or differences can arise over myriad of issues such as payment, defective design, materials or workmanship, delay and disruption, variations, contract interpretation, whilst the primary objective is to complete the project on time and on budget. That is why we choose the most appropriate dispute resolution procedure, particularly where commercial relationships must be maintained. These include:
- Court proceedings in the TCC
- Early neutral evaluation
- Expert determination