Construction Law

At Butcher & Barlow, our Construction Team work with contractors, developers, property owners, sub-contractors, consultants, suppliers, banks, purchasers and investors. We provide a specialist commercially focused service aimed at facilitating the successful delivery and completion of projects. From negotiating initial terms of engagement with professional consultants and the design team, to preparing the tender and full contract pack, through to securing warranties, assignments and performance bonds, we will work collaboratively with you to see your project through to completion.

Our Construction Solicitors pride themselves on their comprehensive understanding of the industry, enhanced by their time spent with parties during the project conceptualisation and feasibility stages and ‘on-site’ seeing the construction process unfold, allowing for a deeper appreciation of the practicalities and challenges likely to be faced. This, coupled with strong commercial property awareness, is what ensures that we can provide clear commercial and pragmatic advice to our construction clients.

If you have a construction dispute we can help with that too. Our specialist Construction Team has contentious construction expertise and is able to provide advice on resolving a broad range of construction disputes, from payment agreements and the impact of delays, to poor-quality work and terminations.

Finally, our teams’ direct experience within the industry also means we have a wealth of professional contacts who offer complimentary construction non-legal services, so whatever the issue you have we can look after you.

Our experts can help you with matters including:

Procurement and project set-up
Construction contracts, including ancillary agreements that govern the relationship between the contractor, developer, funder and any other stakeholder
Development agreements
Framework agreements
Partnerships and alliancing
Consultant appointments
Collateral warranties and third-party rights
Bonds and guarantees
Protection of third-party rights and end-users
Project financial security
Risk management and troubleshooting
Informal dispute resolution and negotiations
Adjudications and mediations, and litigation if necessary

Contact our Construction Solicitors

If you would like an initial call or meeting to discuss your projects, please contact us at Butcher & Barlow.

You can call us on 0161 439 8228 or email enquiries@butcher-barlow.co.uk.

What do our clients say about us?

“Butcher & Barlow LLP provided our company with excellent transparency on both the job at hand and the timescale. Attention to detail was second to none from all parties involved. This is a firm we can highly recommend and will be a returning client.”

“Butcher & Barlow was recommended to us by experts in the matter. The way they dealt with us by giving us guidance is nothing short of utmost professionalism, always with our interest at heart and as a top priority. I truly believe that we have come away with the best outcome because of Butcher & Barlow.”

“They know what they are doing and ensure that they offer practical advice at all stages. They don’t prevaricate, but instead get to the point and make things happen. They have always been available to discuss any matters.”

Our Construction Law services

Construction contracts and agreements

Our Construction Lawyers have specific expertise in advising on, drafting and negotiating a wide range of contacts relating to the construction industry, including:

JCT contracts, together with bespoke Schedules of Amendments and ancillary schedules
Bespoke construction contracts
Sub-contractor agreements
Professional appointment contracts
Development agreements
Collateral warranties
Assignments and novations
Performance bonds

Whatever your involvement in the process, our Construction Solicitors will create documentation that both achieves your business goals and safeguards your interests.

Construction dispute resolution

A well-prepared and thorough contract should prevent building disputes from arising; if the terms are clear then the possibility of a dispute is significantly reduced. However, if you find yourself in a dispute situation, we can advise on the right processes to resolve them as swiftly, cost-effectively and, ideally, amicably as possible.

Our construction specialists can get involved at an early stage, advising on the contractual position to help clients resolve matters for themselves; this often avoids further formal action. However, if positions become entrenched, we can help with more formal negotiation or ultimately some form of alternative dispute resolution (ADR), including adjudication and mediation, with litigation being the last resort. Whatever the issue, we will help navigate through the dispute to minimise the impact on the programme and keep the project moving. Our commercial approach to disputes will ensure that the costs of ADR are continually reviewed and discussed against the likely outcome.

Collateral warranties

Collateral warranties in construction are legal agreements that extend certain rights from the main contract to third parties, typically future owners or tenants, or those involved in financing the project. These documents ensure that these third parties can directly enforce the obligations and promises made by the original parties involved in the construction project. Collateral warranties often cover areas such as the quality of workmanship, materials used, and adherence to specified standards so that the end-user can remedy defects that might emerge up to 12 years after the construction process has ended.

Our Construction Solicitors have specific expertise in advising on, drafting and negotiating collateral warranties, to protect the interests of all current and future parties involved.

Get in touch with our Construction Solicitors

If you would like to arrange a meeting to discuss your projects, please get in touch with our Construction Solicitors at Butcher & Barlow.

You can call us on 0161 439 8228 or email enquiries@butcher-barlow.co.uk

Frequently asked questions about construction law

What does construction law involve?

Construction law involves legal issues related to the planning, design and execution of construction projects and is the area of law that handles wider matters such as infrastructure, housing, planning permissions, construction technology and engineering, as well as safety compliance, building regulations and other aspects of the construction process.

There are two main subsections of construction law – non-contentious and contentious. Non-contentious construction law includes processes such as drafting and negotiating contracts and work that takes place before construction begins such as procuring the specialist trade packages and acquiring the necessary building materials.

Our Construction Law Solicitors can work with anyone involved in the initial stages of construction work, from those who are financing or instigating the project, to the companies approached during the tender stage or who are directly involved in its construction.

Construction law becomes contentious when two or more parties disagree over an aspect of the construction process; it involves the resolution of disputes and legal conflicts that can arise, typically involving contract breaches, delays, payments of defects and the quality of workmanship. Our Construction Law Solicitors can help resolve such disputes, whatever stage they are at, through facilitating discussions between the parties and negotiating an agreed way forwards, or through more formal methods using mediation, adjudication or litigation as necessary.

What do construction solicitors do?

Our Solicitors specialise in Construction Contract Law and Dispute Resolution and can assist with negotiating and agreeing on the terms of a range of construction contracts including professional appointments. If you instruct our Solicitors we will be involved throughout the project, making sure all parties’ contractual duties are being fulfilled.

If you are involved in a construction dispute, we can advise you on whether you have a strong case, assist you in gathering evidence and advise you on the most appropriate course of action. We can also help you assess the value of your claim or potential financial exposure of defending a dispute that has been raised against you.

Who might benefit from construction law advice?

Our Solicitors can help anyone involved in the construction process, whether it be the person or company engaging someone to carry out construction works or the contractor and anyone else appointed to work on the project (architects, structural engineers, mechanical and electrical contractors, landscapers, interior designers and other tradespeople).

What are the legal responsibilities within construction?

Construction projects come with various legal responsibilities, including:

Compliance with legislation and regulations
Contractual obligations that parties choose to enter into
Safety standards and measures to protect workers and the public
Quality standards of workmanship and choice of materials.

One of the most significant pieces of legislation in the construction industry is the Housing Grants, Construction and Regeneration Act 1996, also known as the ‘Construction Act’.

The Construction Act is the UK legislation that governs construction contracts. It aims to ensure fair payment practices, reduce disputes, and promote effective dispute resolution methods through proper drafting and negotiation of construction contracts.

The Construction Act demands fairness and transparency throughout, including the tendering and procurement processes. It also stipulates compliance with local building codes and zoning regulations and adherence to employment and labour laws.

Parties must also adhere to the contractual terms that they agree for themselves as there are financial implications for non-compliance, and must ensure that at all times, the construction methods utilised put the safety of workers, the public and the property of others at the forefront of everything being undertaken. The legal responsibilities in this area can change and be updated regularly as more hazards are understood.

Understanding and fulfilling these responsibilities is crucial for legal and ethical construction practices and good record keeping facilitates this. Our Solicitors can help in all these areas.

Which are the three most common areas for construction disputes?

The three most common areas for construction disputes typically revolve around payment issues, delays in project completion, and disagreements over the quality of workmanship or materials.

Payment disputes often arise due to materials and labour not being paid for, for example, claims for unpaid invoices or a disagreement about the amount being sought when considered against the materials used or work actually done.

Project delays can cause contractual disputes; when a project runs over this can be due to a delay in obtaining materials, lack of skilled labour or due to amendments being made part-way through a project. The cause of a delay can often be difficult to decipher as often there are several events that all contribute in part. Getting to the root of the cause is, however, important as there can be hefty financial implications in the form of contractually defined liquidated damages or loss of income if the project is not delivered on time.

Issues related to the quality of work or materials can result in disagreements between parties, for example, where the workmanship is of poor quality or the materials are substandard. They could also contravene standards defined in legislation or regulations such as Building Regulations.

Resolving these disputes typically involves legal processes such as mediation, adjudication or arbitration to ensure fair outcomes for all parties involved but sometimes the simple involvement of a construction solicitor explaining a client’s position to the other side can help.

How do you resolve a construction dispute?

The best way to resolve a dispute is by having clear contractual terms in the first instance. Our Construction Dispute Solicitors can assist with drawing up the initial contracts so that there is clarity from the outset e.g. as to when payments are due and for what, and they can also set out how disputes should be dealt with.

If a dispute occurs during construction, our Solicitors can help you resolve this quickly so that the project is not compromised or cash flow affected. The quickest and most cost-effective methods to resolve disputes are mediation or adjudication but sometimes a simple solicitor’s letter is all that it takes.

If a dispute arises such that communications break down completely between the parties, then we can help litigate or defend the dispute. If your case does go to court, we can represent your interests and help you achieve the best possible outcome.