Contract Review & Advice

Construction contracts can be long and highly detailed documents. They often take hours to read and understand. Getting a construction contract review and advice from an experienced construction consultant before you sign can be invaluable to protect you against contractual claims.

Hoping that good performance on site will protect you from such claims is not enough. We frequently see situations where parties have performed very well operationally but lose out commercially and contractually.

Regardless of whether your construction contract expressly mentions it, it may well be affected by construction contract law. This is why it’s important to ensure you are clear on any amendments to a standard form contract and the exact terms you are agreeing to.

How we can can help with your construction contract

As experienced construction consultants we advise our clients on many different forms of construction contracts and amendments to them. We know the Construction Act inside out. Our experience means that we can deal with the legal complexities and commercial risks before a construction contract is entered into.

We provide clear and concise advice and support in plain English to highlight the main issues so that you understand the risks posed by clauses such as liquidated damages clauses. This allows you to take decisions as to how you wish to deal with or manage those risks.

Our reviews are focused on simplifying the process of understanding the key risks and negotiating amendments accordingly, saving you significant time and reducing the risk posed by contracts.

We typically provide reviews in an Excel spreadsheet, in a colour-coded format and including comments in three columns. One column of comments is for your understanding (and is not intended to be sent to the other party). One is comments that can be sent from you to your client. Another column includes suggested amendments reflecting the comments. The rows are colour-coded, red, amber and green.

For example, some amendments might present such a large risk that they need to be deleted or further amended. However, the risks presented by others might be able to be managed by you putting appropriate procedures in place.

We regularly provide advice on all of the standard forms such as those published by the NEC and JCT, design and build contracts, amendments to them, and entirely bespoke contracts. We have provided advice on, and assisted in the negotiation of, many multi-million pound construction contracts.

Negotiating a construction contract

Following our initial construction contract review, we can continue to support you in your negotiations. This includes commentary on and discussion of further proposals and amendments and representation in meetings.

Often construction contract negotiations can identify solutions that would not have been uncovered in sending comments backwards and forwards. For example, an objection to a common clause which allows ‘pay when paid’ in event of upstream insolvency, might be overcome by an agreement to shorten the payment terms.

Free initial enquiry

Getting the construction contract right can save you thousands or even millions of pounds.

All initial enquiries from new clients are free of charge. Please contact us by phone, email or using our contact form for a free initial consultation. We can discuss how our experienced construction consultants can help you.