Brenna Baye

She advocates collaboration not only with clients but also between all members of a project team as Brenna believes that collaboration is both critical to project success and helps prevent matters from erupting into formal disputes.

Brenna joined Edwin Coe in September 2011 as a trainee solicitor, became a partner in April 2021 and was appointed Head of Construction in October 2023.

Brenna advises individuals and companies from a wide array of sectors on various aspects of both non-contentious and contentious construction matters. She has particular experience:

• Assisting high-net worth (“HNW”) and ultra-high-net worth (“UHNW”) individuals with the development of their homes.

• Advising on building safety and cladding-related matters.

Brenna is well-known for her extensive knowledge of and experience in dealing with:

Cladding and building safety remediation, including:

• Advising applicants seeking Government funding from the Building Safety Fund (“BSF”) and Cladding Safety Schemes (“CSS”).

• Advising on Grant Funding Agreements (“GFA”).

• Acting on behalf of Responsible Entities who are entering into remediation work agreements (“RWAs”) and/or procurement agreements (“PA”) with their original developer pursuant to the Developer Remediation Contract (“DRC”).

• Advising developers on obligations under both the Defective Premise Act 1972 (“DPA”) and the Building Safety Act 2022 (“BSA”).

• Advising building owners and developers in relation to potential claims under the DPA.

Additionally, Brenna is regularly instructed by employers, contractors, funders, developers and consultants in relation to the myriad of issues arising throughout the lifecycle of a construction project including:

Providing strategic procurement advice, in particular in light of the new Building Regulations regime for higher-risk buildings (“HRBs”) under the Building Safety Regulator (“BSR”).

Acting for funders in relation to development finance matters, providing practical advice to enable her clients to manage their risk.

Advising on and drafting all manner of construction documentation including building contracts, pre-construction service agreements, appointments, letters of intent, guarantees, bonds, collateral warranties, development agreements and agreements for lease. Brenna strongly believes that properly tailored contacts and appointments not only protect her client’s interests but also provide the opportunity for all parties to be clear of the agreed contractual positions so as to minimise any future disputes occurring during the course of a development project.

Assisting clients in relation to all manner of construction disputes including payment issues, design defects and contractor insolvency. Understanding the financial, commercial and emotional impact that disputes have on parties, Brenna seeks to obtain the best outcome for her clients first through negotiating dispute resolution, followed where appropriate by formal dispute resolution via adjudication, arbitration and/or litigation.