Construction & Engineering

Construction & Engineering

Chambers provides legal advice and robust representation in all aspects of construction and engineering law, from inception to completion on major construction projects.

The Head of the Construction Team, Charles Edwards, is a dual qualified, first-class construction barrister with long established expertise in construction and engineering law and is a graduate the University of Cambridge (Departments of Engineering and Architecture), King’s College London (Centre of Construction Law) and the Inns of Court School of Law (Gray’s Inn).

Chambers advises on all standard forms of construction contracts including JCT Contracts (JCT 2011 and JCT 2016), NEC Contracts (NEC3 and NEC4), FIDIC suite of contracts, ACA partnering contracts, GC Works contracts, IChemE and IMechE as well as bespoke forms of construction contracts, adjudication, arbitration and construction litigation in the Technology and Construction Court.

Chambers accepts instructions from a wide range of clients on a direct access basis, including construction and engineering organisations, contractors, subcontractors, employers, architects, structural engineers, civil engineers, quantity surveyors, claims consultants, corporate clients and international organisations as well as instructing solicitors.

Instructions include:

 

  • TCC (High Court) enforcement proceedings regarding the enforcement of an adjudicator’s decision in relation to complex construction and engineering works.
  • TCC (High Court) proceedings regarding defective work on a major construction project following proceedings between the Employer, Contractor and Sub-Contractor.
  • Advising and drafting a defence for proceedings in the Technology and Construction Court (TCC).
  • Successful adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning payment, loss and/or expense and interim payments.
  • High Court (Chancery Division) – Advised on a winding petition (insolvency), payment and valuation dispute, the interpretation of contract terms and conditions, a proposed winding-up petition in the High Court and the best strategy to be adopted in order to achieve the client’s objectives and recover the outstanding payment.
  • Successful adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning major change in scope of works.
  • Advice in relation to a major construction dispute arising from a change to the scope of works pursuant to a heavily amended JCT2011 Design and Build Contract.
  • Advising and drafting bespoke construction contract and associated contractual documentation for a multi-million pound construction project.
  • Successfully advising and acting in insolvency proceedings in the High Court (Companies Court) in relation to a JCT contract construction and insolvency of one of the parties, proceedings by the insolvency practitioner.
  • Advising on an interim payment dispute following deduction of substantial amounts of monies for late completion and non-payment of loss and/or expense pursuant to a JCT Contract.
  • Advising on a dispute involving non-payment and compensation events pursuant to an NEC3 Contract on a major construction project.
  • Successful adjudication pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended) concerning recovery of Overheads Contribution as part of loss and/or expense claim pursuant to a heavily amended JCT Contract.
  • Advising on arbitration provisions pursuant to a construction contract.
  • Drafting a bespoke construction contract for use by a Contractor for use on all its projects.
  • Advised on a payment and valuation dispute, the interpretation of contract terms and conditions, a proposed winding-up petition in the High Court and the best strategy to be adopted in order to achieve the client’s objectives and recover the outstanding payment.

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We have a wealth of knowledge and experience in providing high quality legal advice, drafting and robust presentation in the civil courts and tribunals in England and Wales.

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