Construction Projects

Fladgate’s construction lawyers advise a wide range of clients on the legal aspects of construction projects, from contracts and other documentation to navigating EU procurement rules, appointing the appropriate professionals and resolving contractual issues during the construction phase.

We are experienced in all the major contract forms used in the construction industry, and frequently advise clients on JCT and NEC contracts and how best to protect their interests when using these forms. We also advise on less commonly-used forms such as PPC2000, and have considerable experience in developing bespoke documentation with our clients to suit their specific circumstances.

Our construction team advises on all legal documentation needed in construction projects including bonds, parent company guarantees and collateral warranties. We are also experienced in advising clients on appropriate forms of appointment for architects, engineers, project managers and other construction professionals.

The EU procurement rules can be a minefield for public authorities and tenderers. We provide guidance on the implementation of these complex rules in a variety of circumstances.

Internationally, we are familiar with the FIDIC forms, and one of our construction partners was an author of the ICC major turnkey form of contract.

Our construction team works closely with our large and highly respected real estate practice to ensure that all documentation reflects the latest requirements and that those involved in the construction process are aware of any specific relevant issues.

Alan Woolston

Alan Woolston

If you have any questions or queries please call Alan on +44 (0)20 3036 7277 or email awoolston@fladgate.com

A wide practice particularly active in waste-to-energy projects, property development for retail, hotels and student accommodation, and construction-related health and safety issues.  “Good solid team, quite specialist, and they know what they’re doing.”

Chambers UK

Construction Projects team

 

Liquidated Damages: An Update

Christian Charles

VAT reverse charge for the Construction industry

‘Practical Completion’ – Is your definition practically complete?

Oliver Tobin

Concurrent delay revisited

Alan Erwin

Industry 4.0 – from procurement challenge to opportunity

Alan Woolston

Fladgate continues with strong showing in Chambers UK 2019

New trends in construction procurement

Duty of care – buyer beware!

Stop being a nuisance

Building safety, flammable cladding, and the Hackitt report

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Stop being a nuisance

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Construction sites can undoubtedly be a nuisance to their neighbours and over the years the right to object to (and receive compensation for) certain types of nuisance has become enshrined in the law. Even if planning permission is granted for construction works which will inevitably be noisy, for instance, that is no excuse if the […]

Building safety, flammable cladding, and the Hackitt report

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The fire at Grenfell Tower that took place in June 2017 resulted in 71 deaths and a large number of further injuries. Following the fire a number of inquiries and reviews were set up, including an independent review of fire safety and the current Building Regulations. This review was led by Dame Judith Hackitt and […]

Recent decisions from the English Courts on arbitration matters

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The English Court has issued a number of recent judgments in respect of arbitration matters and its supervisory powers under the Arbitration Act 1996  We summarise some of the more important decisions emerging, including those relating to “apparent bias” challenges against an arbitrator. Progas Energy Limited v Pakistan [2018] EWHC 209 (Comm) (9 February 2018) […]

Fladgate advises BYM Capital on corporate restructuring and £59.8m refinancing

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Fladgate LLP acted for an associated entity of BYM Capital in respect of its corporate restructuring and subsequent entry into a £59.8 million loan provided by Pluto Finance for the refinancing of the client’s acquisition of New Horizons Court in Brentford and its development from office use into residential accommodation comprising 271 private residential apartments. […]

Exemption from withholding tax through private placements

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Many non-UK resident lenders in the commercial property sphere will often have encountered the problem of UK withholding tax on interest at 20%. As an alternative to the traditional double tax treaty relief method, the qualifying private placement is a relatively new method through which investors and lenders can be exempted from withholding tax on […]

Is the project monitor to blame?

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The Court of Appeal has handed down its decision in a long running dispute concerning the duties owed by a project monitor.  Lloyds Bank Plc v McBains Cooper Consulting Ltd[1], underlines the importance of a cohesive and open relationship between a funder and its project monitor in a development finance transaction. Facts McBains was the […]

The right to adjudicate – Interpretation of ‘excluded operations’

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The Housing Grants, Construction and Regeneration Act 1996 (Act) grants the right to refer disputes relating to construction operations to adjudication.  However, a number of operations under section 105(2) of the Act are excluded from this right. The recent decision of the Technology and Construction Court (TCC) in Equitix v Bester[1] offers helpful guidance on […]

When the architect gets carried away

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What do you do when your architect designs something that is way beyond your budget? That was the issue in the recent case of Riva Properties v Foster + Partners. Oliver Tobin reports. A recent decision of the Technology and Construction Court (TCC) has considered the scope of an architect’s duty of care, specifically in […]

Two or more clients and the CDM Regulations

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“It doesn’t take a genius to know that any organization thrives when it has two leaders. Go ahead; name a country that doesn’t have two presidents. A boat that sets sail without two captains. Where would Catholicism be without the Popes?” The Office, ‘The Promotion’ Many projects have various parties ‘for whom a project is […]

Post-termination payments and the importance of notice

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Against the backdrop of Carillion, parties need to keep in mind issues of payment upon termination of a construction contract. A recent Court of Appeal decision has confirmed that section 111 of the Construction Act applies to payments due after termination of a contract. A party must give a pay less notice if it wants […]

Why future cities will be smart

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Cities are the future, and future cities will be smart. Urbanisation is one of the continuing trends of the twenty first century.  In 1800, just 2% of the world’s population was urbanised.  In 2008, that figure passed 50%.  If current growth trends continue, 65-75% of the world’s population will live in urban centres by 2050.  […]

Recent developments and the implications for some aspects of construction law

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Introduction The European Union (Withdrawal) Bill (informally known as the “Great Repeal Bill”) passed its third reading in the House of Commons on 17 January. While the bill has still to complete its passage through the House of Lords, it is unlikely to undergo significant further amendment. What impact will the bill, when enacted, have […]

Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters and often deals with leisure, infrastructure, energy and property development matters.

“The team provides a quality service and understands the importance of timely advice, pragmatic solutions and cost certainty.”  “With Fladgate we can rest assured that each area of legal and contractual exposure has been methodically reasoned with appropriate advice and implementation.”

Advised Merlin Entertainments on its ongoing expansion work and portfolio of construction projects across the globe, worth hundreds of millions of pounds in total.   Acted for the University of London on its estate-wide energy-efficient lighting upgrade scheme using a two-stage approach to the tender for the project.

Chambers UK

Alan Woolston engages in both contentious and non-contentious work, with particular specialisms in PFI/PPP schemes and offshore energy projects. One client is “impressed with his focused attention to detail and ability to understand every potential trajectory of decisions that he has considered and created a strategy around.”

Gillian Birkby advises clients from across the construction market on non-contentious matters including procurement, contracts and appointments. One client says: “She provides insightful and cutting-edge advice with fantastic support.”

Alan Erwin has a broad non-contentious practice that sees him advise on commercial developments and renewables projects. He has experience advising on domestic construction projects and overseas matters.

Chambers UK

Fladgate LLP’s ‘cerebral and dedicated’ practice includes ‘incisive adviser’ Barry Hembling, who has been busy on behalf of Merlin Entertainments, advising on a portfolio of leisure-related construction projects globally. The team also has expertise in renewable energy and is acting for BTS Biogas on the construction of an anaerobic digestion plant in south Yorkshire. Gillian Birkby and Alan Woolston head the practice and handle a mix of contentious and non-contentious work.

Legal 500

Strong practice that advises on a range of complex disputes and transactions in sectors as diverse as renewables, retail and residential. Has a varied purchaser-side client list.  Alan Erwin specialises in front-end work, where he is active in the hotel, retail, infrastructure and process plant sectors amongst others.  Alan Woolston “has a pragmatic character and can convey legal issues in layman’s terms,” according to commentators. He advises on both front-end and back-end construction projects.

Chambers UK

Advised Chorus Group on the £35 million fit-out contract for the Shangri-La Hotel in the Shard.  Acted for Brighton i360 and Marks Barfield Architects on the documentation for an observation tower on Brighton’s seafront. The £33 million project will employ a range of foreign and domestic contractors.  Department head Gillian Birkby’s expertise runs the full gamut of construction, including procurement, construction contracts and disputes.

Chambers UK

Gillian Birkby heads the fast-growing practice at Fladgate LLP, which was joined by Barry Hembling from Fenwick Elliott LLP in February 2015 and litigator Digby Hebbard from Trowers & Hamlins LLP in May 2015. Highlights for the team included advising Chorus Group on the £35m fit-out works for the Shangri-La Hotel in the Shard.

Legal 500

Practice head Gillian Birkby advises a range of clients on the drafting of contracts and contract-related disputes. She has recently been instructed by a number of high-profile clients in arbitrations and projects work. Alan Erwin specialises in transactional matters, specifically acting for clients on the negotiation and drafting of construction and engineering contracts. He is “one of the most methodical lawyers I’ve come across”, notes an observer. Alan Woolston handles both non-contentious and dispute avoidance work. He is well versed in advising on high-value projects work.

Chambers UK

In addition to acting on high-profile redevelopments of mixed-use sites, this firm is expanding further into the energy sector. The team receives instructions on a number of wind, biomass and waste-to-energy projects. The firm’s top-level clients include Odeon Cinemas, Weltec Biopower and Hitachi Zosen Inova. Team members are described by clients as “exceedingly conscientious, even with very complicated matters” and “absolutely superb”.

Chambers UK

Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters and often deals with leisure, infrastructure, energy and property development matters. Also has experience of disputes arising from PFI and PPP projects, particularly in the health, education and defence sectors. “The whole team is a well-oiled machine, slick and efficient. I know I can call any of the team and all of them will be excellent,” a commentator enthuses. Another source notes that “their client service is good and they seek to go the extra mile to assist with getting the right results.”

 

Chambers UK

Represented Forest Whitmore (Haringey) in a termination of contract dispute with One Housing Group relating to the construction of a £10 million mixed-use development in East London. Provided support to Equitix on the construction elements of its portfolio of over 90 PFI or PPP-procured infrastructure projects. The team’s work included due diligence and drafting bespoke contract arrangements.

Chambers UK

‘Response times and value-for-money are very good’ at Fladgate LLP, where the team continues to undertake a range of instructions in key sectors such as hotels and leisure, renewable energy, and museums and exhibitions. Digby Hebbard advised the Science Museum Group on the construction of its new interactive and maths galleries, and David Weare assisted Hitachi Zosen Inova with an EPC contract to deliver an energy-from-waste facility on the outskirts of Edinburgh. In other non-contentious highlights, practice head Alan Woolston and senior associate Chris Farrell, who are ‘commercially astute, technically excellent lawyers’, advised Go-Ahead Group on a range of construction works as well as professional appointments related to the infrastructure for various well-known Go-Ahead brands, including Southeastern trains and Brighton & Hove buses.

 

Legal 500

Hebbard and Weare were also active in contentious matters, where work included representing contractors on various energy-from-waste project disputes, and acting for John Laing Investments on potential claims relating to the design and upgrade of Aylesbury Park railway station. International construction specialist Barry Hembling is another key contact.

Legal 500

  • Cathedral Group Plc – mixed–use public private partnership regeneration projects including: the award–winning Clapham One development, which comprised a leisure centre, a new public library, a medical centre and residential apartments; Bromley South Central, a £90m mixed–use PPP development which will include cafes, restaurants, a 130 room hotel and a new 400 space underground car parking facility; and the mixed–use development of The Movement, Greenwich, including a Travelodge hotel, community centre and incubator units, and student accommodation and private residential accommodation by others.
  • Helicopter manufacturer – UK search and rescue PFI project.
  • Londonewcastle – drafting and negotiating of construction contracts and consultants’ appointments for high end residential and social housing developments with office and retail spaces.
  • Terrace Hill Group plc – various matters including: the development of an eight storey building on the site of the former House of Fraser head office for Howick Place Office SàRL, a joint venture between Doughty Hanson Real Estate and Terrace Hill Group, comprising 135,000 sq ft of offices over eight floors, 23 private residential apartments and ten affordable housing units; the development by a joint venture of Terrace Hill Group Plc and Geoffrey Osborne Developments of 1,104 units of student accommodation in three blocks let to University of Southampton; and the development by a joint venture of Terrace Hill Group Plc and Aerium of a 31,500 sq ft office and retail development in Conduit Street, London.
  • CIMC – hotel developments across the UK using modular rooms manufactured in China.
  • Events staging contracts for installation – in major stadia, on the Queen Elizabeth Olympic Park, London, in association with the FIFA World Cup 2014 and for other major launch events.
  • Shangri–La Hotel – contract to complete the remaining fit–out works for the hotel at The Shard, London Bridge.
  • Legacy use of the Olympic Park sports stadia – drafting and negotiating contracts, including issues arising on public procurement.
  • NHP Leisure Developments Ltd – development of the former Kingston power station, involving the construction of a concrete box over and around the electricity substation, which continues to function, and the construction of social housing, a hotel and open market residential accommodation.
  • Brighton i360 – procurement strategy and drafting contract terms for Britain’s tallest observation tower, to be positioned on the beach end of the site of the former West Pier.

Integrated

Our clients come to us to solve problems that are often complex and multifaceted. We draw together the multiple strands of a business or personal challenge into a coherent, integrated legal response that combines the knowledge and experience of experts in all the relevant fields.

Partner-led

We operate in small teams in which partners not only take the lead but also do a significant amount of the detailed work. Clients can be assured that the partners they engage and brief will remain closely involved in developing and delivering the advice as part of our close-knit, expert teams.

Experienced

Fladgate has a long heritage of delivering high-quality legal advice. We have been providing practical legal solutions to businesses and private clients for over 250 years. Today we are one of the UK’s top 100 law firms, with over 80 partners and a reputation for providing solutions that work.