Non-contentious construction solicitors

Our non-contentious team advises on the drafting and negotiation of construction contracts. Not only do we assist with contractual issues but we are also quick to understand business needs, giving practical advice in relation to legal challenges.

We advise a healthy variety of funders, developers, contractors and sub-contractors. Projects sectors include mixed use developments, housing developments, energy and renewables, infrastructure, retail and office development.

Our services

Our non-contentious construction team operates from Bristol and London and it forms a key part of Clarke Willmott’s full real estate service. Our solicitors are equally at home advising our international clients on standalone projects as they are supporting our commercial property, social housing and banking teams delivering their clients’ varied projects. We pride ourselves on our partner led approach. Although our service is carried out by a diverse team that allows us to provide comprehensive advice that is value for money, our clients always have regular contact with the lead partner who assumes full day-to-day responsibility for all work done.

We work with bespoke contracts as well as standard forms such as JCT, NEC3 and FIDIC, always ensuring that our advice is carefully tailored to our client’s specific objectives and approach to risk management. Our experience covers a range of sectors. We advise retailers on nationwide expansion programmes, contractors on high profile energy projects, housebuilders and social housing providers on development and regeneration and banks and investors on their loans and purchases.

Whatever your objectives might be in relation to the UK’s built environment, Clarke Willmott’s team has everything you need to help you achieve them.

Recent examples of our work

A joint venture between a national and local company, formed specifically for a major local clean energy project

We provide ongoing advice in connection with a 10 year NEC3 based contract for a major infrastructure project. The deal is worth circa £150 million and we are working with the client to assist with any operational issues, including finance. Our added value is that because of our long-term involvement, we are able to give clear commercial legal advice, bridging the legal and commercial challenges involved.

Hinkley Point C Nuclear Power Project

We are heavily involved in contractor-led negotiations on an NEC3 based contract form in connection with the provision of large scale infrastructure service to Hinkley Point C Nuclear Power Project.

This is representative of the non-contentious construction practice as we are providing broad ranging commercial construction advice in relation to a headline power project. We are working with the client to anticipate potential obstacles and provide practical advice for the business to bridge the legal challenges.

The network of NEC3 based contracts is bespoke to the project and due to our extensive experience we were able to give significant commercial advice as to the practicalities and financial repercussions of this drafting.

The project is in the public eye and is of ongoing national and international political importance. It is also a very regulated area of law, with specific Emergency Response and Co-operation Plan (ERCop) requirements and site Safety Management systems.

Acting for a developer on £5 million development

We have been instructed to draft and negotiate a full suite of construction documents for a £5 million development in Grosvenor Gardens, London. This involves a main contractor (main agreement and pre-construction services agreement), four design consultants, seven non-designer consultants, ten minor consultants and several sub-contractors.

Acting for a global leader in engineering design services

We provide our client with ongoing advice on bespoke contracts in connection with commercial operations with major local defence / security / aerospace companies. We have advised them on a number of framework contracts and related issues, including helping them negotiate a contract with the main employer, taking into account upward negotiations the intermediate and ultimate end-user clients, as well as factoring into this downward negotiations with international sub-contractors.

We also give ongoing live project specific advice as and when issues occurred, including variations of payment mechanism, advice on “completion” of milestones and payment triggers and termination advice.