Construction

Our Practice

Our construction practice acts for a broad range of clients – from public bodies and major developers to purchasers and contractors – and a wide variety of projects. We have the expertise to help companies in this sector successfully manage risk through effective project management.

  • we acted for Takum-Itochu on their groundbreaking energy from waste project, the first carried out for a Japanese consortium in this sector and for the sector as a whole; this complex project involved negotiation with parties up and down the chain
  • our deep knowledge of the industry and large team enabled us to advise the MoD on its wide-ranging MFTS project, amongst the largest of its kind
  • working with the Nationwide Building Society has further deepened our experience in developing complex suites of documents catering for numerous variables – we also contributed to the development and use of their extranet.

Experience

Atkins Plc

  • advising Atkins plc in relation to the Metronet London Underground PPP consortium; also in relation to various rail contracts.

BP Amoco

  • advising BP Amoco on the construction of a power project comprising the design, engineering, procurement, construction, commissioning and testing of a 400mw natural gas/liquid fuel combined cycle power plant facility, located on a greenfield site near Powerstown, Ireland.

Earls Terrace

  • successful action on behalf of the developer to declare that adjudication proceedings that had been commenced only 10 days previously were null and void. This case was reported widely in the press and established an important legal precedent.

Fitzpatrick

  • advising a contractor in a substantial claim against an Employer under a letter of intent and successfully maintaining claims in adjudication.

Hackwood

  • acting for the owner of a substantial property development in a claim against his design and build contractor. Preliminary issues decided by the court included a significant point of principle regarding the effect of applications to determine the arbitrator’s jurisdiction.

International oil pipeline

  • advising in relation to the Baku-Tbilisi-Ceyhan oil pipeline in successfully settling a dispute with an international contractor.

Major UAE development company

  • advising a major UAE development company in connection with the termination of various hotel development and managment agreements.

MoD – MFTS Project

  • advising the MoD on this PPP project which will overhaul the whole of the UK Ministry of Defence’s current flying training arrangements for the Royal Air Force, Royal Navy and Army Air Corps

Mubadala.

  • advising Mubadala Development Company on behalf of the Government of Abu Dhabi on a review of their procurement and tendering strategy for all construction and engineering projects and to draft a new suite of government contracts and appointments.

Nationwide Building Society

  • advising the Nationwide Building Society in relation to the procurement of construction works throughout its branch network and in relation to various disputes over defective works and cost claims.

Network Rail-Channel Tunnel High Speed Rail Link (CTRL)

  • advising on the rescue of the £5.3bn CTRL. Providing advice on all aspects of this high profile and highly complex PPP project and handling the agreements between Network Rail, the UK Government and the project developers as well as arrangements for the financing of the Link.

Thameslink Project

  • advising on the Thameslink project, a complex PFI/PPP transaction including negotiation of contracts with the UK Department of Transport and Union Railways.

West Coast Main Line

  • advising on the £6bn upgrading including partnering and alliancing contracts for the West Coast Main Line to increase capacity and improve journey times.

Takuma-Itochu

  • advising the consortium of Takuma Limited and Itochu Corporation on the EPC Contract and ancillary documents for an energy from waste project worth £110m, the first energy from waste project to be carried out in Europe by a major Japanese consortium.

Tube Lines

  • advising this infrastructure operator on various projects arising under the London Underground PPP arrangements including the Wembley Park Major Enhancement Project for the new National Stadium, escalator refurbishment and works at Heathrow Terminal 5.

US Architects

  • advising a major international practice on an arbitration arising out of a project in Turkey and on litigation in relation to two projects in Dubai.

Waste Recycling Group (WRG)

  • acting for WRG on its bids for the Greater Manchester and Cambridgeshire Waste Management PFI contracts.

Specialist Expertise

Our construction team provides expert advice on all aspects of construction law from the inception of a project through to completion. We undertake both contentious and non-contentious work, acting for a broad range of clients including public bodies, major developers, funding institutions, consultants, contractors, potential purchasers and tenants. We advise clients on a wide variety of projects including power stations, roads, railways, defence and infrastructure projects, office, retail and residential projects, headquarters and factory premises and retail park developments.

We focus on the following key areas:

  • the preparation and negotiation of the terms of construction documentation including tenders, letters of intent, main contracts, sub-contracts, consultants appointments and collateral warranties whether standard or project-specific
  • drafting of performance bonds, guarantees and insurance arrangements
  • PFI, PPP, BOOT, partnering contracts and EPC contracts
  • dispute resolution by adjudication, arbitration or litigation
  • advice on EC and other public procurement issues.

Our core team comprises over 20 legal staff, including four partners, operating from our international network of offices. We are able to draw upon the strengths of the rest of the firm, often working with colleagues in planning, property, tax, environment, corporate and banking law, providing clients with a comprehensive service.