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Construction

The construction law team at Hewitsons has a leading reputation for advice to the regional and national construction services market. From dispute resolution to advice on the procurement of commercial, residential and infrastructure projects, the team has won plaudits for its effective and pragmatic approach to meeting the objectives of clients.

The team has a deep understanding of the construction law sector based on its long standing relationships with contractors, construction professionals, developers, funders of construction projects as well as clients and manufacturers and suppliers of construction products and services. A broad client base to be sure - but we are able to draw on a real depth of experience and understanding to make sure we deliver the right advice.

Our construction law services include advice on procurement, construction contracts, commercial agreements, development agreements and in regard to all forms of dispute resolution.

Procurement
The construction law team advises local authority and other public sector clients, as well as commercial sector tenderers, on all aspects of construction procurement, including in relation to complexities of the EU public contracts legislation and procedures, the preparation of tender documentation, contract notices and all related documentation. The team also advises on challenges to procurement processes.

Construction contracts
The team's expertise covers standard form and custom made construction law contracts, and all contractual aspects of a construction project including:
- Preparation of and advice on amendments and supplements to construction contracts
- Advice on guarantees and security arrangements, including performance and retention bonds
- Dealing with the requirements of funders, purchasers and/or tenants, including by way of third party contract rights and collateral warranties
- Partnering and framework arrangements
- Ongoing facilities management and maintenance agreements for retained developments

Development agreements
These agreements are used to regulate the interests of everyone from the developer to the landowner - including prospective tenants, purchasers and financiers - involved in development projects. They also integrate the project team of building contractors, architects, engineers and other professional consultants. Our construction law advice in this field covers issues relating to:
- Completion of designs and specifications and obtaining planning and other statutory consents for the development
- The appointment of building contractors and the construction professional team and the obligations of the principal parties
- Facilitating rights of inspection and approval, including in regard to milestone payments, practical completion and defective works
- Providing for appropriate third party contract rights and/or collateral warranties

When required, of course, we can call on the considerable expertise of property, commercial and other specialist lawyers within Hewitsons.

Commercial agreements
We'll advise on the appointment of architects, engineers and surveyors and other construction professionals, and also help with the drafting of bespoke forms of professional consultancy agreements. The team has proven experience in a wide range of commercial agreements for clients involved in construction, including funders, developers, building material manufacturers and suppliers, as well as consultants and contractors. Advice here includes:
- Partnering and framework agreements providing medium to long term commercial arrangements with trading partners
- Terms and conditions for the supply and purchase of services or goods and materials
- Help with agreements to regulate the practices and procedures for specialist installers and subcontractors

Construction Disputes
The construction industry has a wide armoury of procedures at its disposal to resolve disputes and Hewitsons' construction law team has a high reputation of advising clients across the whole sector. Whatever the dispute, we will guide parties through the chosen process and assist them to meet their objectives based on a pragmatic and commercial approach.

Adjudications have proved to be a highly favoured procedure for resolving construction disputes in recent times and the team has gained substantial expertise in advising both claimants and respondents on a myriad of claims from multi-million pound final account claims to minor defects. As well as adjudications, the team has substantial experience of court proceedings - especially in the Technology and Construction Court - and arbitrations. It has particular expertise in enforcement issues relating to adjudication awards.

Alternative Dispute Resolution techniques have also become a major tactical consideration in achieving the cost effective and prompt settlement of disputes and the construction law team has direct experience of mediation and other alternative dispute resolution processes.

Our clients demand value from the construction law services we provide. Rest assured that when you work with Hewitsons, we'll aim to secure your interests without losing sight of the commercial realities. You won't find us re-inventing the wheel for the sake of it!

To download our latest Construction Briefing or our Construction service sheet please visit our Knowledge Centre.