Legal Advice on Construction Contracts
Practical legal advice on construction and engineering contracts, helping you understand your obligations, manage risk and keep projects moving.
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Construction and engineering contracts define the rights, responsibilities and commercial relationship between the parties involved in a project. Whether you are entering into a standard form contract, negotiating bespoke terms or dealing with an issue under an existing agreement, clear legal advice can help you understand your position and identify potential risks before they affect the project.
DTM Legal advises developers, employers, contractors, subcontractors, consultants and other project stakeholders on a broad range of construction and engineering contracts. We support clients with commonly used standard forms, including JCT and NEC contracts, as well as bespoke agreements and associated project documentation.
Our Construction & Engineering team can assist at every stage of the contractual process, from drafting and negotiation through to advising on the operation of contracts during live projects. We provide practical, commercially focused advice that considers not only the wording of the contract but how its provisions are likely to work in practice.
Construction Contract Legal Services
We advise on a wide range of construction and engineering contracts and associated project documents, including:
- Reviewing and negotiating JCT and NEC contracts.
- Drafting and advising on bespoke construction and engineering contracts.
- Design and build contracts.
- Development agreements and forward funding arrangements.
- Subcontracts and supply chain agreements.
- Consultant appointments and professional team documentation.
- Letters of intent.
- Pre-construction services agreements.
- Early works agreements.
- Collateral warranties and third-party rights.
- Novations and assignments.
- Deeds of variation and supplemental agreements.
- Guarantees, bonds and other security documents.
- Contract amendments and schedules of amendments.
- Framework agreements and long-term project arrangements.
- Advice on contractual rights and obligations during live projects.
- Advice on contractual notices, payment, delay and variations.
Why Instruct DTM Legal?
Construction contracts can involve detailed provisions covering payment, design responsibility, programme, risk allocation and the procedures that must be followed when circumstances change. Understanding these terms before entering into an agreement can help ensure that the contract properly reflects the commercial deal and that responsibilities are clearly allocated.
Our Construction & Engineering solicitors take a practical approach to contract drafting and negotiation. We identify the provisions that carry the greatest commercial or legal risk and explain their potential impact clearly, allowing clients to make informed decisions about which points should be negotiated and where risk can reasonably be accepted.
Our support does not end when the contract is signed. Construction projects can change as a result of delays, design amendments, payment issues, supply chain disruption or changing stakeholder requirements. Where issues arise, we can advise on the contractual position, the steps required to preserve your rights and how risks can be managed before a disagreement develops into a formal dispute.
Where appropriate, our Construction & Engineering team draws on specialist knowledge from DTM Legal’s Corporate & Commercial and Dispute Resolution solicitors. This allows us to provide coordinated advice where a construction contract forms part of a wider commercial arrangement or where contractual issues develop into contentious matters.
We provide:
- Clear and commercially focused construction contract advice.
- Support with drafting, reviewing and negotiating contracts.
- Practical explanations of contractual risks and responsibilities.
- Advice before contracts are signed and throughout live projects.
- Responsive support when contractual issues require timely action.
- Joined-up advice on contractual, commercial and contentious matters.
Get in Touch
For advice on drafting, reviewing, negotiating or interpreting a construction or engineering contract, contact our Construction & Engineering team.
Contact us to discuss your requirements by calling 01244 354800 / 0151 3210000 or emailing construction@dtmlegal.com.
Request a Consultation
Before seeking legal advice on a construction or engineering contract, it is helpful to consider the following points and gather the relevant project information. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Construction & Engineering Team
Frequently Asked Questions
Commonly asked questions regarding Contractual advice for the construction sector.
- When should I ask a solicitor to review a construction contract?
- Can you review JCT and NEC construction contracts?
- What are the most important clauses to check in a construction contract?
- Can you advise us if a construction project is already underway?
- How much does it cost to have a construction contract reviewed?
Ideally, you should seek legal advice before the contract is signed and before significant work begins. This provides an opportunity to identify provisions that create unexpected risks, clarify responsibilities and negotiate amendments where appropriate.
However, legal advice can also be valuable once a project is underway. If a question arises around payment, delay, variations, notices or another contractual issue, obtaining advice early can help you understand the steps required to protect your position.
Yes. We advise on commonly used standard form construction contracts, including JCT and NEC contracts, as well as bespoke agreements.
Although standard forms provide an established contractual framework, they are frequently amended to reflect the requirements of an individual project. These amendments can significantly change the allocation of risk, so it is important to consider the complete contract rather than relying solely on the standard wording.
The provisions requiring particular attention will depend on your role and the nature of the project, but common areas include payment, programme and delay, design responsibility, variations, liability, insurance, termination and dispute resolution.
It is also important to consider the contract as a whole. Provisions that appear reasonable individually may create additional risk when read alongside other clauses or related project documents.
Yes. We regularly advise clients on contractual issues arising during live construction and engineering projects.
This can include determining whether contractual notices need to be served, assessing entitlement to additional time or money, advising on variations and payment issues and considering whether remedies such as liquidated damages or set-off may apply. Early advice can often help clarify the contractual position before the issue escalates.
The most appropriate approach will depend on the project structure, the requirements of funders and other stakeholders, and the number of parties requiring protection.
The cost will depend on factors including the type and length of the contract, the complexity and value of the project, the extent of any proposed amendments and the level of negotiation required.
A focused review of specific contractual issues may require less work than a full review and negotiation of an extensive contract suite. Once we understand the documents involved and the scope of advice required, we can provide a clear estimate of the likely legal costs.
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