Our Construction Contracting Services
Our Team advises on all aspects of construction contracting and project delivery. Our services include drafting, reviewing and negotiating contracts, advising on contract structure and risk allocation, preparing and responding to letters of intent, personal appointments for consultants and designers and drafting and advising on collateral warranties.
Standard Form Contracts
We frequently advise on standard form contracts, including JCT, NEC and FIDIC contracts. including the latest JCT 2024 suite
- Advantages of standard form contracts:
- Familiarity with structure and terminology
- Established legal precedents
- Compliance with the Construction Act
- Balanced (though not always equal) risk allocation
- Disadvantages of standard form contracts:
- May not reflect unique project need
- 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 draft tailored contractual frameworks that reflect your specific risk profile and commercial objectives.
Risk Allocation: The Cornerstone Of Construction Contracts
Allocating risk effectively is essential for avoiding and managing construction disputes and delivering projects on time and on budget.
Our Team can help you identify, assess and mitigate risks, including:
- Time: deadlines, delays and extensions of time
- Cost and commercial: funding gaps and exchange rate volatility
- Site and environmental: ground conditions, asbestos and/or contaminated land
- Design and workmanship: interface between contractors and design professionals
- Weather and force majeure: unforeseen external impacts
- Subcontractor/supplier risks: performance, insolvency and labour shortages
- Health & Safety: regulatory compliance
- Insolvency: financial distress of contractors or developers
Relevant Construction Legislation
Our team stays up to date with the evolving legal landscape, including:
- Housing Grants, Construction and Regeneration Act 1996 (‘the Construction Act’)
- 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
Legal Assistance
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.
Whether you are embarking on a new build, refurbishment or complex infrastructure project, we offer strategic guidance from procurement to project close-out. We deliver practical, tailored and innovative solutions designed to achieve the best possible outcomes for our clients.
How To Get In Contact
If you require advice on Construction Law and are interested in finding out how we can help, please contact Paul O’Donnell at paul.odonnell@culbertellis.com or call 07521 417579.
