Contracts and advisory
Well-crafted contracts are key to legal risk management, minimizing the likelihood of disputes arising later in the project. Our contracts advisory service covers all aspects of contract drafting and negotiation, transaction due diligence and risk analysis and management. We have experience in the contracts used across all sectors including all the major standard forms of contract (including JCT, NEC, ICE, FIDIC and IChemE), adapting these to our clients’ specific needs – controlling risk while maximizing profit.
Procurement, tendering and competition procedures are vital components of construction and engineering projects. We assist clients in a wide range of sectors on the procurement, drafting, negotiation and management of alliancing and partnering arrangements and frameworks.
Litigation and alternative dispute resolution
Disputes frequently arise in the construction industry. When our clients face a dispute situation that cannot be avoided, we help them develop the appropriate course of action. We advise and explore the wide range of range of alternative dispute resolution (ADR) methods with our clients before litigation becomes necessary. ADR is a cost-effective method of avoiding protracted and costly litigation proceedings, and many countries require parties to attempt ADR or mediation before taking a dispute to court. Should litigation be the only course of action, we guide our clients through the process.
International arbitrations are often the preferred route for large, complex, cross-border construction disputes and we are familiar with all of the major institutions including the ICC, AAA and LCIA and in conducting UNCITRAL arbitrations. Using our extensive international network we work seamlessly with other jurisdictions and overcome barriers such as the need to work in two or more languages.
Adjudication is a legally binding tribunal process. It is a fast, 28-day form of dispute resolution, but also one where both sides will incur legal and expert witness fees. There is also only one opportunity to present your case to the tribunal, with no opportunity to appeal decisions. Our contentious construction team includes lawyers with extensive experience of adjudication who can advise whether this is the right option for you, and navigate you through the complexities and nuance of the adjudication process.