Construction and Engineering Law

Construction contracts comprise of a set of complex documentation, requiring knowledge of many fieldsThese fields include:

  • Contract law for the drafting of the initial contracts and any variations thereto
  • Advice on standard form contracts
  • Advice and litigation involving contractual disputes
  • Arbitrations
  • An expertise in liquidations and insolvency law is also necessary to assist with issues such as the various liens available to secure payment to contractors and subcontractors,
  • The effects of liquidations on these liens
  • The ranking of various competing security rights as well as
  • The effects of liquidations of the various companies involved in the construction process and the associated contracts.
  • Reviews of the tender process.

The Complex Nature of Construction Contracts

We understand the different constituent parts of construction contract documentation and the interlocking relationship between these contracts.

We can also assist with advise on the structure of the financing of constructions projects, including but not limited to the following:

  • Penalty clauses
  • Design defects
  • Professional liability claims
  • Breaches of contractual obligations
  • Payment disputes including certification disputes
  • Final and practical completion
  • Project defects, defects caused by other contractors or subcontractors
  • Variation orders
  • Inability to obtain a completion certificate
  • We can also advise on the tendering process
  • Arbitrations
  • Regulatory bodies and legal ramifications of construction contracts

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