expertise: commercial disputes management:
construction
construction contracts & agreements Making
Contracts Work
When
called upon to write a contract, we avoid long-winded drafting
and excessive legal jargon. The client knows in general
terms what he or she wants to achieve. The essential skills
of a successful contracts lawyer are precision and clarity
of language, and the ability to translate the main terms
of the deal into precise statements of rights and obligations.
The good contracts lawyer will recognise and deal in his
drafting with the proper allocation of risk and responsibility
between the parties, and will solve in advance problems
that may not have been apparent to the clients when they
came together to do business. Our
Construction team excels in drafting and negotiation of
bespoke contracts for any type of transaction that involves
the design and/or building of works and structures. It
could be traditional building work, it could be civil and
structural engineering or it could be process engineering.
The scope of the contract may extend to the obtaining of
project finance and the operation of the completed facility.
Special contracts may include:
-
development agreements containing
provisions for land sale and purchase and development
-
joint ventures for the formation
of a construction consortium for a specific project
-
a private sector agreement for
the design, construction, finance and operation of
a revenue-earning
facility or
-
a PFI contract
We
are acquainted with all the industry standard forms and
families of contracts, whether JCT, ICE, NEC or IEE/I.Chem.E
forms. We understand how they have evolved and we are aware
of the points of view implicitly presented in the drafting.
While introducing extensive amendments to standard forms
can be problematic, we know that clients and contractors
often commit to heads of terms and risk allocations which
are not readily available in standard form documents. Our
approach to drafting project-specific amendments is logical
and meticulous.
key expertise: Paul Mountain
Partner
paul.mountain@martineau-uk.com Michael
Craik
Partner
michael.craik@martineau-uk.com Stephen Belshaw
Partner
stephen.belshaw@martineau-uk.com
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