Our Construction Expertise

The nationally recognised construction and engineering team at Clarke Willmott supports clients in the development of procurement strategies, risk allocation and bespoke project solutions.

In a competitive industry where quality, cost and delivery are key, our commercially astute advice can go hand in hand with effective and practical legal advice from the start of the project through to completion and beyond.  Our lawyers are well versed in responding quickly to your needs at all stages of the construction process, from early procurement through to resolving disputes or difficulties at the post-completion stage.

We offer full-service advice including:

  • Project Procurement and Strategy
  • Construction contracts, appointments, collateral warranties and construction security
  • Project finance and investment (including lender due diligence)
  • Dispute resolution and avoidance (including adjudication)
  • Final account, defects, delay and disruption claims
  • Professional negligence claims
  • Specialist project advice (including renewable energy projects, retail and social housing)

Procurement & Strategy

We have extensive experience in advising on the various methods of construction project procurement for a range of projects including new-builds and refurbishments.  We provide legal advice from inception to completion and provide clients with a solution which minimises risk and achieves commercial objectives.

The construction team advises a broad range of clients including developers, employers, main contractors, sub-contractors and professional consultants.  We also have extensive experience acting for funding institutions and the team understands the increasingly more stringent requirements to achieve prior to lending.

We have wide experience of all the construction industry standard forms of building contract including:

  • JCT
  • NEC
  • FIDIC
  • IChemE
  • ICE
  • MF/1

We often draft suitable bespoke contract solutions to cater for specific project requirements.  We can provide advice on how to use the standard form contracts within the relevant legislation.

Construction contracts, appointments, collateral warranties & construction security

The construction and engineering team frequently drafts and advises on all the necessary ancillary construction documents such as collateral warranties (including performance bonds, retention bonds, escrow agreements and parent company guarantees) as well as letters of reliance and letters of intent.

Project Finance & Investment

We are acutely aware of the increasingly more prudent requirements of funders in the property investment market.

We have acted for many of the mainstream funding institutions in the UK both for secured and mezzanine funding.  We are able to provide a fixed price package in most cases.

Our project finance and investment experience in acting for funders considering investment mainstream developments, retail, regeneration, energy and infrastructure construction and engineering projects nationally.

Our due diligence pre-lending advice is balanced, proportionate and practical in the context of each individual project, while minimising the risk profile for a funder and protecting the underlying security.

Dispute Resolution & Avoidance

Disputes are an inevitable part of being in business. Disputes can be expensive both in terms of time and money and they can cause irreparable harm to your commercial reputation and your key business relationships.

Our team provides legal expertise and the commercial understanding required in difficult times.  We offer real experience and expertise for our clients in all forms of construction dispute resolution including litigation, arbitration, adjudication and mediation.  We have a team of specialist lawyers who advise client’s pragmatically on their potential disputes, dispute avoidance mechanisms and deal effectively with dispute resolution.

The benefits of an early legal opinion considering the merits of a case can be enormous when choosing which strategy to adopt.  It can greatly impact upon the swift and successful resolution of a dispute.  We can commit sufficient resources to disputes rapidly and effectively especially when faced with having to respond to adjudication, arbitration or litigation proceedings.

We see our relationship with you as a collaborative partnership with the sole strategic aim of achieving a commercial resolution to your problem, either through the court system or through alternative forms of dispute resolution such as mediation, adjudication and arbitration.

Our team has the experience, imagination and resources to resolve your dispute quickly and cost effectively.

We can offer innovative fee options, including fixed price reviews, no-win no-fee, damages based recovery and other fee solutions.

Final account, defects, delay & disruption claims

We have expertise within the team both prosecuting and defending such claims in adjudication, arbitration and litigation.

Professional Negligence claims

We have extensive experience in prosecuting and defending claims against construction professionals.  We can explain all the necessary procedures and recommend experts to provide evidence.  We will work with you to draw up a cogent strategy for obtaining the best result.

We have expertise within the team both prosecuting and defending such claims.

Social Housing

We offer a national service dedicated to the social housing sector based in London and the regions.  We act for a wide range of Registered Providers, local authorities, ALMO’s, charities and care and health care organisations.

Retail

The construction team has extensive experience in the retail market.  We act for a number of large retail clients including an international supermarket chain and a well-known national DIY chain.  We have a wide-ranging knowledge and experience of the retail sector and the current issues facing the industry.

We frequently advise on construction transaction documentation as well as working across the practice with the commercial property, corporate, intellectual property, planning and dispute resolution teams to provide bespoke commercial solutions for our retail developer clients.

The construction team has experience in drafting and negotiating bespoke contract solutions for retail clients.  This includes drafting framework building contracts, framework consultancy agreements, bespoke design and build contracts, consultant’s appointments and all ancillary documentation including bonds, guarantees, collateral warranties and letters of intent.

Renewable Energy

Our Construction team understand that in times of increased economic pressure, experienced commercial construction advice, which is both reactive and responsive, can make all the difference to our clients across the sector, including developers, employers, contractors, funders and consultants. This is no less crucial in an emerging and fast-paced market such as the Renewable Energy sector.

The team includes peer-rated individuals and acts on high value and complex construction projects and disputes across a broad range of industry sectors. We cover every stage of the construction process, from tender and procurement, contract drafting and negotiation through to dispute avoidance and resolution.

The team provides a complete service, advising on both contentious and non-contentious aspects of projects. Our non-contentious experience includes tender and procurement guidance and advice so that the contractual and procurement structure is established and agreed in the early stages of a project, ensuring clarity at its outset and that establishment of the interfaces between the parties on site. The team includes multi-disciplinary solicitors with previous experience working as quantity surveyors and engineers. Such industry experience allows us to provide clients with commercially-focussed, cost-effective advice in assisting them in reaching their goals. it is crucial to seek legal advice early as to

Our client base is multi-national and the team has been involved in advising several European clients on a variety of matters, including biogas plants, negotiation of EPC contracts, escrow account details, maintenance and consultancy agreements and performance bonds.