Construction contract solicitors

Construction projects can involve significant financial stakes. It is crucial to address key issues in your construction contracts from the very outset. A good contract should precisely define obligations and offer a transparent allocation of risks.

Whether your project is for a a commercial unit, a mixed-use scheme, or large-scale residential development, our team of lawyers have the experience to draft, negotiate, and finalise project documents.

Our clients choose us because our lawyers are experts at drafting, negotiating, and reviewing all types of construction contracts.

The key issues in a construction contract will inevitably centre on the quality of delivery, time, money, and the allocation of risks.

Our experience and sector focus results in clear, practical, cost-effective advice on the most important issues.

Key clauses in construction contracts

Whatever form of contract is ultimately chosen, the main contract will address some of the following key themes:

• Scope of work – a clear and comprehensive definition of the works to be performed by the contractor, including a suitable specification setting out the requirements of the employer.

• Contractor’s obligations – amongst other matters, the contractor’s responsibility for the design of the works, or any design portion, together with clear obligations on its liability for workmanship and the materials used.

• Variations - a mechanism and process for change, regulating additions or omissions to the work including how these will be documented, priced, and approved, together with how this may impact on the date for completion of the works.

• Payment terms – regulating how progress/milestones will be measured for interim payments of the contract sum, the percentage of retention and the terms for its release, and a mechanism for calculating the final payment.

• Time – following specific risk events, a mechanism which allows a contractor to apply for more time, resulting in an extension to the date for completion of the works, offering relief from any liquidated damages for late delivery.

• Dispute resolution - a suitable mechanism to resolve disputes which may arise between the parties, such as negotiation, mediation, and/or adjudication.

• Termination rights - clauses setting out grounds for the termination of the contract and the consequences which will follow, including payment on termination.

• Insurance - specifying the types and levels of insurance required.

• Governing law and jurisdiction – the governing law that will apply to the contract and the jurisdiction where disputes will be resolved.

Important supporting documents

In addition to the main contract, other project documents may also be essential parts of the contractual matrix. Some of these documents may include:

• Professional appointments – agreements which appoint an architect, engineer, contract administrator, employer's agent, project manager, quantity surveyor or other designer or construction professional.

• Drawings and plans - architectural, engineering, and construction drawings which help to set out the scope of work to be performed.

• Programme – a timeline for various activities to be undertaken by the construction team.

• Sub-contracts.

• Collateral warranties.

• Bonds.

• Permits and licenses - necessary permits and licences for the project.

We work to help our clients get the right contracts and supporting documents in place to reduce the risk of disputes and ensure a successful construction project.