d
c

Construction

Edwin Coe’s construction team offers a full range of construction legal services in connection with both domestic and international construction projects and works closely with the property and litigation departments to provide a full service to our clients.

We advise on construction and engineering law in the property, and major project sectors including:

  • Procurement strategies
  • Property development agreements
  • Property finance agreements
  • Building contracts and engineering contracts
  • Professional appointments
  • Front end engineering and design contracts
  • Warranties
  • Guarantees and bonds
  • Risk and project management
  • Dispute avoidance and dispute resolution.

Our non-contentious construction work often involves working with the firm’s property lawyers and we always ensure that our advice is delivered in the context of the whole transaction and the commercial drivers behind it. We are also able to call upon specialists elsewhere in the firm when necessary to advise on matters such as project finance and banking, tax, health & safety, EU Procurement and competition.

We advise both employers and contractors on all types of construction disputes whether adjudication, expert determination, litigation and arbitration. We understand that most clients would prefer to resolve their construction dispute without resorting to formal dispute resolution and we are well versed in the use of alternative dispute resolution techniques including negotiation, mediation, conciliation, joint expert determination and dispute review boards. When full scale litigation or arbitration is unavoidable, we will staff the matter with an experienced partner-led team who will deal with the matter in the most cost effective manner and will strive to achieve the most commercially advantageous solutions for our client.

Examples of our work

Non-contentious

  • Acting for the developer on the Resi Award 2016 winning Development in Mayfair, London which consisted of seven exceptionally high quality luxury apartments. Advised on all legal aspects of the development including acquisition, development and planning, funding, construction and onward sales.
  • Acting for the developer on several mixed use residential and convenience store developments throughout the South of England.
  • Acting for the developer in relation to a high-end residential scheme in a prime West End location build cost circa £20m.
  • Acting for the developers in relation to a high-end residential tower on the Thames with build cost circa £20m.
  • Acting for numerous super-prime residential developers in relation to the financing and development of a multi-million pound development in Knightsbridge. The project involved the conversion of two five floor terrace houses into five lateral apartments.
  • Acting for a national mixed use developer in relation to the design, construction and development of a substation project in Central London.
  • Acting for numerous volume house builders in relation to bespoke and joint venture projects nationally.
  • Advising numerous home owners in relation to basement extensions including negotiation of building contracts and professional appointments.
  • Acting for all manner of clients in relation to fit out contracts for office space.
  • Acting for various lenders to review, advise on and draft construction documentation relating to development financing.

Contentious

  • Providing strategic advice to an M&E subcontractor in connection with its final account claim as against a main contractor developer in respect of a substantial residential development in London.
  • Acting for the M&E subcontractor in the ensuing adjudications in connection with various aspects of its final account that amounted to variations.
  • Assisting in the negotiation and finalisation of a final account agreement and agreement in relation to the carrying out of the remaining works.
  • Providing strategic advice to a developer of a super-prime residential development in London in respect of its design and build contractor’s claim for an extension of time and loss and expense.
  • Assisting in the formulation of the response to the design and build contractor and ultimate negotiation of an agreement in respect of the same.
  • Acting for an international fit-out contractor in relation to a number of adjudications on wellknown Central London retail projects. Such adjudications included challenging the deduction of liquidated and ascertained damages, extension of time claims and final account claims.
  • Acting for a high-end developer in relation to the construction of a £70 million house in Hampstead in connection with contractor delays and failures to comply with the terms of the contract.
  • Acting for a major contractor in respect of an adjudication against a housing association for failing to release the second moiety of retention for some five years after practical completion.
  • Acting for numerous contractors and subcontractors in respect of variation of final account claims.
  • Acting in various litigation matters including all aspects of the enforcement and resisting enforcement of adjudicators’ decisions.
  • Acting on behalf of a developer in respect of its claim in the Technology and Construction Court for unliquidated damages against a contractor’s late performance on a project.
  • Advising a design consultant in respect of proceedings brought against it for negligent design in connection with the design of the air conditioning system for a further education college.
  • Acting for a developer in relation to domestic arbitration proceedings against a jointventure partner for an amount of profit following the completion of a development.

Share by: