Our Construction Contracting Services
Our Team advises on all aspects of construction procurement and project delivery. Our services include:
- Drafting, reviewing and negotiating construction contracts
- Advising on contract structure and risk allocation
- Preparing and responding to letters of intent
- Personal appointments for consultants and designers
- Drafting and advising on collateral warranties, performance bonds, on-demand bonds, and advance payment guarantees
Forms of Construction Contracts We Work With
Standard Form Contracts (JCT, NEC, FIDIC)
We frequently advise on standard form contracts, including:
- JCT Contracts, including the latest JCT 2024 suite
- NEC Contracts, often used for infrastructure projects
- FIDIC Contracts, commonly used for international and large-scale projects
Advantages of standard form contracts:
- Familiarity with structure and terminology
- Established legal precedents
- Compliance with the Housing Grants, Construction and Regeneration Act 1996
- Balanced (though not always equal) risk allocation
Disadvantages of standard form contracts:
- May not reflect unique project needs
- Amendments often required, leading to complexity
- Risk of misalignment between project delivery and contract mechanisms
Bespoke Contracts
For more complex or high-value projects, we can craft tailored contractual frameworks that reflect your specific risk profile and commercial objectives.
Essential Contract Terms You Need to Know
We advise on the critical components of construction contracts, including:
- Articles of Agreement
- Contract Particulars including contract sum, liquidated damages and defect liability period
- Conditions and Definitions
- Carrying Out the Works and Control of the Works
- Payment terms and procedures
- Variations and Change Orders
- Insurance, Injury and Damage provisions
- Assignment, Bonds, Guarantees, and Warranties
- Termination clauses
- Dispute Resolution mechanisms including adjudication, arbitration and litigation
Risk Allocation: The Cornerstone of Construction Contracts
Allocating risk effectively is essential for avoiding disputes and delivering projects on time and on budget. Our Team can help identify, assess and mitigate risks such as:
- Time-related risks: deadlines, delays and extension of time clauses
- Cost and commercial risks: funding gaps and exchange rate volatility
- Site and environmental risks: ground conditions, asbestos and contaminated land
- Design and workmanship liability: interface between contractors and design professionals
- Weather and force majeure events: unforeseen external impacts
- Subcontractor/supplier risks: performance, insolvency and labour shortages
- Health & Safety compliance
- Insolvency: contractor or developer failure
Relevant Construction Legislation
Our team stays up-to-date with the evolving legal landscape, including:
- Housing Grants, Construction and Regeneration Act 1996
- The Scheme for Construction Contracts Regulations 1998
- Building Safety Act 2022
- Defective Premises Act 1972
- Sale of Goods Act 1979 and Supply of Goods and Services Act 1982
- Unfair Contract Terms Act 1977
- Construction (Design and Management) Regulations 2015
- Latent Damage Act 1986
Why Choose Us?
We understand that contracting is the cornerstone of any construction project. Our goal is to relieve you of the contracting burden, so you can focus on successful project delivery.
We deliver practical, tailored and innovative solutions designed to achieve the best possible outcomes for our clients.
Contact our construction contracting solicitors today
Whether you are embarking on a new build, refurbishment, or complex infrastructure project, we offer strategic guidance from procurement to project close-out. Contact Paul O’Donnell at paul.odonnell@ilaw.co.uk or 07521 417579 to discuss your project or tender.
