Construction

We draft, review, and administer construction contracts aligned with international standards, including FIDIC, JCT, and bespoke EPC and design-build frameworks. Our services include contract risk profiling, claims management, and dispute resolution support. We work with developers, contractors, and public authorities to ensure legal coherence across all phases of project delivery, from tender through to completion and handover.

Construction Contract Advisory Services

Contract Drafting & Customization

International Standard Form Adaptation

FIDIC suite customization (Red, Yellow, Silver, Gold Books) for jurisdiction-specific requirements
JCT contract adaptation for Caribbean and Commonwealth legal frameworks
NEC contract implementation and contract administration protocol development
Bespoke EPC (Engineering, Procurement, Construction) contract drafting for complex projects

Design-Build & Turnkey Arrangements

Design-build contract structuring with integrated design liability and performance obligations
Turnkey contract frameworks with single-point responsibility and completion guarantees
Design responsibility matrices and professional indemnity insurance requirements
Novation agreements for consultant appointment transfer from employer to contractor

Specialist Construction Contracts

Management contracting and construction management legal frameworks
Early contractor involvement (ECI) agreements and two-stage tender processes
Alliance contracting and collaborative delivery models with pain-share/gain-share mechanisms
Subcontract templates and back-to-back liability cascading provisions

Contract Review & Risk Analysis

Pre-Tender Risk Profiling

Contractor risk allocation analysis across time, cost, and quality dimensions
Payment mechanism review (lump sum, remeasurement, cost-reimbursable, target cost)
Delay liability assessment: liquidated damages, extensions of time, and compensation events
Force majeure provisions, change in law clauses, and unforeseen conditions relief

Bankability & Financial Review

Payment security mechanisms: parent company guarantees, performance bonds, letters of credit
Payment certification procedures, retention provisions, and release mechanisms
Contractor insolvency protections: vesting certificates, trust arrangements, step-in rights
Advance payment bonds, on-demand guarantees, and security enforceability review

Insurance & Indemnity Assessment

Construction all-risks insurance, professional indemnity, and third-party liability coverage
Defects liability insurance (DLI) and latent defects insurance (LDI) for design-build contracts
Employer’s liability, contractor’s plant and equipment, and marine cargo insurance
Subrogation waivers, joint insurance policies, and claims cooperation clauses

Tender Documentation & Procurement Support

Bid Document Preparation

Instructions to Tenderers (ITT) with legal compliance requirements and evaluation criteria
Employer’s Requirements specifications with performance standards and acceptance criteria
Form of Tender, Tender Security requirements, and validity period stipulations
Pricing schedules, bills of quantities, and contract data customization

Prequalification & Evaluation Frameworks

Technical and financial prequalification criteria aligned with procurement law requirements
Evaluation methodology design: technical merit scoring, financial proposal assessment, MEAT analysis
Legal compliance verification: debarment checks, beneficial ownership disclosure, conflict of interest management
Standstill period management and debriefing obligations to unsuccessful tenderers

Contract Award & Execution

Letter of Acceptance drafting and commencement obligations
Parent company guarantee and performance security documentation
Contract execution formalities: signing authority, attestation, and corporate authorization verification
Advance payment procedures and mobilization security arrangements

Contract Administration & Management

Claims & Variation Management

Extension of time claims: critical path analysis, delay event categorization, concurrent delay assessment
Compensation event administration and change order valuation procedures
Variation instruction protocols, valuation methodologies (daywork, rates, fair valuation)
Prolongation cost claims, disruption claims, and loss of productivity assessments

Payment Certification & Dispute Avoidance

Interim payment certification procedures and valuation of work executed
Payment application review, retention deduction protocols, and release schedules
Dispute adjudication board (DAB) establishment and reference procedures
Early warning mechanisms, partnering protocols, and dispute escalation frameworks

Performance Monitoring & Enforcement

Progress monitoring against milestone schedules and completion date obligations
Performance testing protocols, commissioning procedures, and acceptance criteria
Defects notification procedures, remedial work enforcement, and defects liability period management
Performance security calling procedures and contractor default remedies

Completion & Handover

Practical Completion & Taking Over

Substantial completion certification and punch list (snagging) procedures
Taking-over certificate issuance and commencement of defects liability period
Partial taking-over arrangements for phased project delivery
Performance security reduction and retention release mechanisms

Final Account & Project Close-Out

Final payment certification and dispute resolution of outstanding claims
As-built documentation requirements, operations and maintenance manuals, and training obligations
Performance bond release and final retention payment procedures
Final discharge provisions and limitation period commencement

Dispute Resolution & Claims Support

Pre-Litigation Dispute Management

Engineer’s determination, architect’s instruction review, and certification disputes
Dispute adjudication board (DAB) proceedings and determinations
Adjudication under statutory schemes (Housing Grants Construction and Regeneration Act style provisions)
Expert determination procedures for technical and valuation disputes

Arbitration & Litigation

ICC, LCIA, and ad hoc arbitration proceedings for construction disputes
Expert witness coordination: quantum experts, delay analysts, technical specialists
Litigation in Technology and Construction Courts and Commercial Courts
Enforcement of adjudication decisions, DAB determinations, and arbitral awards

Quantum & Delay Analysis

Legal review of delay analysis methodologies (critical path, windows, collapsed as-built)
Prolongation cost substantiation and heads of claim validation
Loss and expense claims under JCT frameworks
Disruption and inefficiency claims: measured mile, productivity indices, global claims assessment

Specialized Construction Advisory

Defects Liability & Warranty Claims

Defects liability period enforcement and make-good obligations
Latent defects claims and limitation period analysis
Collateral warranties for funders, purchasers, and tenants
Decennial liability under civil law jurisdictions and fitness-for-purpose warranties

Termination & Suspension

Employer termination for contractor default: valuation on termination and re-tendering strategy
Contractor suspension and termination for employer default: loss of profit claims
Termination for convenience: compensation entitlements and quantum assessment
Frustration, force majeure termination, and prolonged suspension rights

Multi-Party & Complex Project Structures