Meet VWV's Construction Law Team

What Work Does the Team Do?

We advise upon every aspect of the construction process acting for building owners, developers, funders, consultants, contractors and sub-contractors, We regularly advise upon:

• letters of intent
• pre-construction services agreements
• professional appointment of architects, engineers and quantity surveyors
• standard forms of building contract (JCT, NEC4, ACA, RIBA)
• performance bonds
• parent company guarantees
• insurance provisions
• collateral warranties and third party rights

We work very closely with commercial property lawyers (internal VWV and external VWV Approach members) advising upon the construction risks presented by commercial property development. In particular we advise upon: development agreements; agreements for lease; appointment of monitoring surveyors; lenders requirements; collateral warranties; third party rights and ancillary security documentation. We are familiar with the balance that needs to be struck between the interests of the ultimate purchaser or future tenant who is looking for protection against patent or latent defects and the interests of the design consultants (architect and engineer), contractor and subcontractors who will increase the price if they are expected to take on unduly onerous obligations.

We also advise upon construction related disputes through adjudication, arbitration and litigation. We have been involved in some reported cases reaching the Court of Appeal in Amey Wye Valley Limited v Herefordshire District Council [2016] and Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022}.

How Have We Helped VWV Approach Clients in the Past?

We were asked by a new VWV Approach member to advise their client upon the terms of a standard form of building contract for the development of twelve flats. The client owned a retail business and this was their first property development project so they were understandably hesitant. They aimed to build and hold on to the flats as an investment. Their quantity surveyor, who was also a close friend, had prepared the standard form of JCT contract and conducted the negotiations with the contractor. He suggested that the JCT Contract was thoroughly checked by a construction lawyer before it was signed.

We reviewed the contract and found a number of inconsistencies and ambiguities that required correction. We suggested pragmatic ways to deal with these points without alienating the contractor and most importantly, not giving him a reason to increase the price! There were also some insurance questions that need to be resolved. Our review and these 'tweaks' took less than two weeks to resolve which allowed the VWV Approach client to feel confident they were entering into a robust contract that protected their interests before the project got underway.

What Our Clients Say About Us?

We feature highly in the Legal Directories and our clients say:

"Our matters were dealt with promptly, thoroughly and with an excellent attention to detail."

"They provide sound, commercial legal advice and are easy to work with and personable."

If you would like to refer a Construction matter, please contact Jo Campbell at VWV Approach on 07733 226212, or complete the form below.