BUSINESS OBJECTIVES ACHIEVED
Whether you are an employer, contractor or consultant working on commercial or residential projects or railways, roads and bridges we can support you. Our dedicated team have the experience and knowledge to deliver the results you need in the timescales you need them.
We can support you with areas such as:
Our clients include construction companies, developers, builders, land owners, lenders/ funders, facilities management companies and professionals such as architects and structural engineers.
We understand the technical and legal issues that affect a construction project and are able to offer assistance and advice from inception to completion. We are able to get involved at any stage of a project, however we feel that clients benefit when we work alongside them at the earliest opportunity.
We work closely with our Commercial Property and Corporate teams to provide the necessary support and expertise to each individual client.
Force majeure events are certain acts, events or circumstances, defined within an agreement, which are beyond the control of the contracting parties. They may include natural disasters, the outbreak of hostilities or, in some instances, the declaration of a pandemic / epidemic.
A force majeure clause tends to excuse one or both parties from performance of the contract (normally allowing for a delay) following the occurrence of a force majeure event. Fundamentally, the purpose of a force majeure clause is to outline whether or not a party will be liable to the other for its failure to perform the obligations as a result of specific circumstances which are beyond its control. The clause may also allow for the contract to be terminated (without liability being owed) if the force majeure event continues for a specified period of time.
Frustration of contract occurs where, for an unforeseen event, performance of a contract becomes impossible; the contract effectively comes to an end and the parties are released from their respective obligations.
While this may sound appealing to a party struggling to meet its obligations, case law has emphasized that frustration will only apply in very narrow circumstances. A contract cannot, for example, be "temporarily" frustrated. It is either frustrated or performance is delayed (potentially due to a force majeure event).
The terms of the contract may also eliminate a party's ability to rely on frustration. In some instances, the contract may include a "hell or highwater clause" - an absolute clause applied, for example, to equipment lease agreements which requires the party to pay irrespective of whether the other party's performance is frustrated.
Both NEC and JCT contracts suites of standard forms of documents for procuring works or consultancy services.
While the JCT has been described as a 'traditional' contract and for many years was seen as the standard building contract for use in England and Wales, the NEC suite has been designed for international use with a choice of governing law and language.
Each contract has an allotted person to act on behalf of the employer (a contract administrator in JCT and project manager in NEC). They both include obligations relating to time, cost and quality (although the explicit requirements are quite different).
The NEC suite does however include procedures providing for a more proactive and collaborative approach to managing the contract and requires the parties to follow these procedures.
A collateral warranty is an auxiliary document to the primary contract and is used where there is an agreement with a third party who is outside of the primary contract.
Fundamentally, a collaterally warranty is an agreement under which a professional consultant, building contractor or sub-contractor warrants to a third party (usually the funder, leaseholder or purchaser) that it has complied with its appointment or sub-contract. In essence a collateral warranty provides the third party with contractual recourse in the event of any issues relating to the work provided by the party entering the warranty.
A parent company guarantee (PCG) is a form of security provided by a parent company to a client of its subsidiary. The purpose being to protect the client in the event of default on a contract. Typically, such a default might be caused by the insolvency of the subsidiary company. A PCG will normally obligate the parent company to either step in to fulfil the obligations of the subsidiary or guarantee any potentially liabilities of the subsidiary company.