Construction & Engineering

Our leading Construction and Engineering Team work on projects across the UK. We understand the pressures our clients operate under in the construction industry. We strive to provide clear, practical and innovative commercial advice and solutions to both private and public sector clients on all types of projects and construction related matters, whether in relation to large scale projects or disputes involving factual and complex contractual issues or minor works. Our experience ranges from advising on the design, construction and commissioning of solar farms to multi-million pound construction disputes. Our clients include a broad cross-section of major developers, leading contractors and consultants, and public bodies.

We have particular expertise on projects across commercial, residential, health, educational, recreational and energy sectors and the team has a wide appreciation and understanding of issues that frequently arise on construction projects and disputes from the viewpoints of all parties typically involved.

Specialisms

  • Construction dispute avoidance and resolution
  • Adjudication, Mediation and Arbitration
  • Representation in the Technology and Construction Court (TCC)
  • EPC and other construction contracts
  • Professional Negligence

Recent work

  • Acting for a utility company on a multi-million pound three party dispute arising from horizontal directional drilling leading to claims for loss and expense due to ground conditions. 
  • Acting for main contractor on an energy project: woodchip Combined Heat & Power, advising on contract documents and supply of plant from abroad.
  • Acting for a marine cable installation contractor and advising in relation to disputed variations under a FIDIC Yellow Book contract for termination and testing of 18 kilometres of core submarine cables in relation to an offshore wind farm.
  • Acting for a European contractor on issues arising under a consortium agreement relating to the construction of a power station in Bulgaria, Bulgaria's largest inward investment project to date.
  • Advising contractor on the mechanical and electrical works contract for the 2012 London Olympics Athletes Village.
  • Acting for an EPC Contractor drafting and negotiating an EPC Contract and associated documents relating to the design, construction and commissioning of a 90MWp solar farm.

Cash Retention Abuse

In the aftermath of the recession, cash retention abuse has been a hotly debated topic in the construction industry. With insolvency affecting a significant number of contractors and employers, retention monies have often been used to pay the latter's creditors, as opposed to their contractors and sub-contractors.

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New CJC guidance on instructing experts takes effect

The Civil Justice Council's ("CJC") guidance on the instruction of experts in civil claims (the "Guidance") formally came into effect on 1 December 2014. The Guidance replaces the CJC Protocol for the Instruction of Experts (the "Protocol"), which was annexed to Practice Direction 35 of the Civil Procedure Rules.

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BIM - The Good the Bad and the Law

The 2016 central government target, requiring level 2 BIM to be employed for its projects has generated much trade discussion.

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High Court ruling highlights limits on third party rights to adjudicate

In the recent case of Hurley Palmer Flatt Ltd v Barclays Bank plc [2014] EWHC 3042 (TCC), the Technology and Construction Court held that a third party was not entitled to adjudicate a dispute which had arisen under a professional appointment. On the facts, there was no right under the contract itself, nor a right under the Contracts (Rights of Third Parties) Act 1999 (the "Third Party Rights Act"), for the third party to commence adjudication proceedings.

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Homer Stephen 293

 
Partner and Joint Head of Construction
+44 (0)1392 333883

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Meet the team