The right construction contract for your project
We offer first class contractual advice from highly qualified construction and property consultants to ensure you have the most relevant and sturdy contract in place. The best time to have your contract assessed is prior to signing. However, if this isn’t possible we can also provide contractual advice at any time during the construction process.
When reviewing construction contracts, we look for evidence that:
- all relevant information is included, to ensure each party understands project requirements, their obligations and responsibilities
- potential issues or risks are identified and mitigated
- agreements or procedures are in place to manage potential problems, such as defect management and dispute resolution agreements are in place regarding the completion date and claims for liquidated and ascertained damages (LADs)
- warranty agreements are clearly stated and bonds are in place
We can also review contracts alongside an analysis of the original tender and provide advice on procurement of subcontractors and subcontractor terms and conditions.
Standard forms of construction contract: JCT, JCT 2011, NEC 3, FIDIC
We can advise on all standard forms of construction contract including the JCT suite of contracts (Design and Build, Minor Works and Intermediate), JCT 2011, NEC 3 and FIDIC. JCT is the most commonly used construction contract while FIDIC is used usually for international construction contracts.
Standard forms of construction contract are very commonly used because they are familiar, they save time and money, and the wording is tried and tested, so minimising the risk of misinterpretation. They also offer a useful checklist of items to be included within the contract.
Additions and amendments can be made to standard forms of contract to suit individual project specifics. This should be done by legal professionals to ensure the wording is clear, robust, appropriate and legally sound. In these circumstances we are here to liaise closely with your legal representatives, on your behalf, to ensure that any amendments, new wording or clauses reflect your needs.
Non-standard forms of construction contract
There may be times when a non-standard form of contract is required. Non-standard contracts can involve lengthy negotiation between parties because the contract is not familiar. However, we can support you through the process and would advise the involvement of a solicitor specialised in this area to ensure adherence to legislation.
Tailored ‘project risk’ workshops
Because the right contract is so essential to the success of any construction project, we offer tailored ‘project risk’ workshops for you and your staff. The objective is to enable you to gain a thorough understanding of the client’s rights and obligations under the contract, and to help you establish and agree strategies and processes for the effective administration of the contract. Previous workshop attendees have told us this additional knowledge gives them more confidence in negotiation and helps get their project off to the best start possible.
Contact us to book your own project risk workshop for your organisation, or to ask how we can support you with contractual advice.
