If you need any help with the setting up or running of a construction project, our solicitors can help. With decades of experience and successes under our belt, you can be confident that we can provide you with up-to-date advice on the various issues that arise in the construction industry and on your construction projects.
How JMW Can Help
JMW can assist in all legal aspects of the construction process including:
- Negotiating building and construction contracts.
- Negotiating with subcontractors
- Appointing consultants such as architects, engineers, employers’ agents, project managers, and so on
- Securing warranties from the professional team for interested parties such as the developer, funder, tenants and purchasers.
- Navigating disputes
- Structuring and procuring works and projects
- Managing transactions
There is a wide range of matters that we regularly help our clients with. Some examples include:
- Negotiating JCT construction contracts with national building contractors
- Negotiating the terms of engagement with major consultants
- Securing comprehensive warranty cover for large scale commercial schemes
We have a comprehensive set of precedent documents that have been used on many significant commercial developments. Combined with our expertise, we can help to make procuring construction works as efficient a process as possible.
Arranging Building and Construction Contracts
A well-structured and comprehensive contract serves as the backbone of your project, outlining the rights, responsibilities and expectations of all parties involved. At JMW, we pride ourselves on our meticulous approach to dealing with building and construction contracts.
Here's how we can assist:
- Bespoke contract drafting: every construction project is unique, and this should be reflected in its contract. Our team crafts contracts that cater to the specific requirements of your project, ensuring that all unique aspects are considered and covered.
- Contract review: if you've been presented with a contract, our experts will meticulously review it, ensuring that it aligns with your interests and doesn't contain any potential pitfalls or ambiguities.
- Negotiation: our solicitors are skilled negotiators, ensuring that the terms of a contract are favourable and protect your interests, all while fostering positive relationships with other stakeholders.
- Risk management: construction projects come with inherent risks. We can help you identify potential risks in contractual terms and advise on strategies to mitigate them, ensuring that you're not left exposed to unforeseen challenges.
- Regulatory compliance: the UK construction industry is governed by a range of regulations. Our team ensures that your contract is not only compliant with current laws but also anticipates any upcoming changes in regulation, ensuring your project’s long-term viability.
- Ongoing support: we offer ongoing support throughout the project's lifecycle, providing advice as required, helping to ensure that your interests are protected.
The legal aspects of sub-contracting can be complex, requiring clear agreements that align with the overarching construction contract. Our expertise in subcontract arrangements ensures that your project remains cohesive and streamlined.
We often assist contractors, subcontractors and project managers in a number of ways, including:
- Tailored subcontract agreements: recognising that every project and subcontractor brings its own set of requirements, we draft tailored subcontract agreements that reflect the specific needs of each project.
- Alignment with main contract: it's crucial that subcontracts mirror the terms and conditions of the main construction contract. We ensure these documents align seamlessly.
- Payment terms and conditions: ensuring clarity around payment terms is vital to maintaining trust and smooth operations between subcontractors and their employers. We draft payment schedules, retention terms and conditions to safeguard both parties' interests.
- Termination clauses: circumstances can change, and sometimes it becomes necessary to terminate a sub-contract. We ensure that termination clauses are clear, fair and in line with industry standards, providing a roadmap for any potential dissolution of the agreement.
- Regulatory adherence: we ensure that all subcontracts are compliant, protecting you from potential legal pitfalls.
When managed effectively, subcontracting can enhance the efficiency and quality of a construction project. Make sure yours has the best chance of benefitting your project or employment by working with JMW today.
From acquiring land to procuring materials and services, every transaction plays a pivotal role in the project's success. Our legal services ensure that every deal is executed in line with the law and is in your best interest. Here's how we can assist:
- Due diligence: before any transaction is finalised, it's crucial to understand all its details. Our team conducts thorough due diligence, uncovering any potential risks, liabilities or hidden challenges, ensuring you make informed decisions.
- Supplier and vendor agreements: we draft and review supplier and vendor agreements, ensuring they align with your project's needs and protect your interests.
- Financing and payment structures: funding a construction project can involve various financing methods. We advise on aligning the financing structures with the construction documentation, negotiate terms with financiers and payment to ensure financial fluidity throughout the project.
- Exit strategies: whether it's selling a developed property or transferring a stake in a project, we assist in crafting the construction documents to assist exit strategies, ensuring that transitions are smooth and financially optimised.
Construction disputes can arise from various issues such as delays, defects, changes in scope, and financial disagreements. These disputes can be both complex and costly and should not be dealt with without legal support.
We always prioritise resolving disputes through negotiation and mediation. This approach often leads to quicker and more amicable resolutions, saving time and money for you. However, if negotiation is not viable, our expert dispute resolution lawyers are equipped to represent you in adjudication proceedings or, if necessary court.
JMW's team of construction solicitors is uniquely positioned to assist you in all types of construction disputes, employing various strategies tailored to your specific situation.
Our construction solicitors can provide legal advice for developers, contractors and sub-contractors involved in disputes. These conflicts can arise over a range of issues, from payments, delays, workmanship and quality to contract interpretation and more. Here's how JMW can assist you.
- Understanding the conflict: when you first contact us, your solicitor will take time to understand the root cause of the dispute to develop a strategy tailored to your specific situation
- Contract review: conflicts often stem from ambiguities in contracts. Our construction solicitors will review the existing contract, identifying key areas that may be contributing to the dispute, and provide advice on the best course of action
- Negotiation support: where possible, we will try to negotiate with the involved parties to come to an agreement
- Adjudication: our knowledgeable and experienced construction team can instigate or respond to adjudication proceedings to resolve disputes quickly and cost-effectively
- Legal representation in court: if the dispute escalates, our solicitors are experienced in court proceedings
- Payment disputes: issues surrounding payment are common in construction projects and may simply be because of confusion over payment terms and of facts
- Quality disputes: disagreements over the quality of work performed can be sensitive and complex. We can help evaluate the situation, coordinating with experts if necessary to establish a fair and factual basis for the dispute resolution
- Compliance and regulatory guidance: your solicitor will ensure that all actions are in line with industry regulations and legal requirements, offering peace of mind that the process is handled correctly
- Long-term relationship preservation: recognising that ongoing relationships between developers, contractors and subcontractors may be vital for future projects, our solicitors strive to handle disputes in a manner that preserves relationships where possible
- Preventative measures: beyond handling existing disputes, JMW can help you put measures in place to prevent future disagreements
What is Construction Arbitration?
Arbitration is a form of alternative dispute resolution specific to construction and engineering disputes where parties in a dispute agree to the decision of an impartial third-party arbitrator. Unlike typical court proceedings, it’s a private and more streamlined process, and the decisions are usually final and binding.
To learn more about arbitration, visit our dedicated arbitration page.
What is Construction Adjudication?
Construction adjudication is a specialist dispute resolution process that has become a key part of UK construction proceedings. Often seen as a faster and more cost-effective alternative to court litigation, it is typically used to resolve disputes relating to payment, delay, defects, and more.
Not all disputes may be suitable for adjudication. Our solicitors will help you evaluate the nature of a dispute you are involved in and decide whether adjudication is the appropriate path, considering the requirements of the Housing Grants, Construction and Regeneration Act 1996.
The process often starts with the serving of a Notice of Adjudication. Your solicitor will draft and serve this notice, setting the foundation for the process.
Your solicitor will ensure that all the necessary evidence, arguments and legal principles are clearly articulated and supported in your case, and will present it on your behalf when it is ready. Our solicitors are experts in construction adjudication and will support you throughout the adjudication process.
Adjudication is known for its tight timelines, often requiring a decision within 28 days. Our solicitors have the necessary expertise to navigate the process, ensuring that your case is built on solid legal grounds, and responses are provided within any deadlines.
Though rare, either party may challenge the adjudicator's decision. JMW will guide you through any potential challenges, assessing the merits of the case and advising you on the best course of action.
Adjudication is a valuable tool in resolving construction disputes, but its success depends on understanding and navigating a complex legal landscape. With JMW's expertise, you can engage in the adjudication process with confidence, knowing that each step is handled with precision and professionalism.
Why Choose JMW?
JMW regularly provides strategic legal advice to those struggling with construction disputes or any other areas of the construction and engineering industry’s legal requirements. Our team’s successes have contributed to JMW’s recognition as one of the UK’s top law firms by prestigious guides such as The Legal 500 and Chambers & Partners. When you work with our construction law team, you can be confident that you have the support of award-winning solicitors.
We appreciate that construction law can be complicated. Our solicitors always work to make the process as straightforward as possible by avoiding legal jargon. We can work closely with you to provide expert legal advice, or take a step back and operate at a distance. Either way, our solicitors are discreet and professional.
We provide pragmatic and commercial advice on what is worth fighting for. We get into the detail but never lose sight of the bigger picture.