CONSTRUCTION & ENGINEERING LAW

At Mercantile Barristers, our members have a wealth of experience in the technology, construction and engineering industries. Our key members hold industry professional qualifications and have practiced for several years with leading construction and engineering consultancies. They have also worked with construction and development firms in the UK, handling the procurement; management; and delivery of complex high value projects across the UK and internationally.

CONSTRUCTION & ENGINEERING LAW

At Mercantile Barristers, our members have a wealth of experience in the technology, construction and engineering industries. Our key members hold industry professional qualifications and have practiced for several years with leading construction and engineering consultancies.

 

They have also worked with construction and development firms in the UK, handling the procurement; management; and delivery of complex high value projects across the UK and internationally.

What is Construction Law UK?

Construction Law is the law that governs the construction of buildings. It is a broad base of law that incorporates both civil and criminal law and covers a wide range of activities. This includes: Criminal law, Health and Safety laws, Laws surrounding licenses and consents, Environment and sustainability laws, Infrastructure and Utilities, Obligatory Requirements etc.

What does a construction contract consist of?

Construction contracts particularise the principal legal relationship between the parties to a construction project, determining each parties obligations, the allocation of risk and price.

What are the types of contracts?

Considering that in English Law, construction contractions are more concerned with certainty, rather than price. It is to this effect a wide range of standard forms of contract has arisen which have given rise to a certainty of meaning.

Well-known standard form contracts include the Joint Contracts Tribunal (JCT), the New Engineering Contract (NEC) and for international projects Fédération Internationale des Ingénieurs-Conseil (FIDIC).

What is Construction Law UK?

Construction Law is the law that governs the construction of buildings. It is a broad base of law that incorporates both civil and criminal law and covers a wide range of activities. This includes: Criminal law, Health and Safety laws, Laws surrounding licenses and consents, Environment and sustainability laws, Infrastructure and Utilities, Obligatory Requirements etc.

What does a construction contract consist of?

Construction contracts particularise the principal legal relationship between the parties to a construction project, determining each parties obligations, the allocation of risk and price.

What are the types of contracts?

Considering that in English Law, construction contractions are more concerned with certainty, rather than price. It is to this effect a wide range of standard forms of contract has arisen which have given rise to a certainty of meaning.

Well-known standard form contracts include the Joint Contracts Tribunal (JCT), the New Engineering Contract (NEC) and for international projects Fédération Internationale des Ingénieurs-Conseil (FIDIC).

CONTRACT DRAFTING & LEGAL ADVICE

For our professional clients, Mercantile Barristers offers a comprehensive and effective construction and engineering contract drafting and advisory service, applicable to all stages of a project’s life cycle, from initial feasibility through to completion, disposal or occupation.

 

Legal issues arise at every stage in a project’s life cycle. Addressing them promptly and properly are often the ‘stitch in time’ that saves a costly dispute down the line. Mercantile Barristers are able to offer a comprehensive drafting and strategic advisory service that avoids disputes and ensures that our clients are best prepared should a dispute become inevitable. We are regularly asked to review and draft contract documentation, plus provide advice concerning:

 

 Pre-Contract Risk Assessment

 Tendering & Procurement

 Standard Forms of Contracts, including JCT ICE, NEC, GC/Works, IMech and IChem forms

 Bespoke Construction & Engineering Contracts

 Information Technology & Telecommunications Contracts

 Energy Storage, Licensing & Trading Contracts

 Insurances and Warranties

 Consultancy Appointment Contracts

 Bonds and Guarantees

 Joint Ventures and Partnering Agreements including PFI and PPP Agreements

 Health, Safety and CDM Regulations

 Ongoing Project Monitoring & Review

 Employment Contracts & Compromise Agreements

CONSTRUCTION CONTRACT DISPUTES

Mercantile Barristers are experts in managing construction and engineering contract disputes from inception to conclusion. Because we understand the commercial context behind these disputes, we excel in devising the most profitable disposal of every dispute for our clients.

 

Our members at Mercantile Barristers are proficient in oral and written advocacy and we represent clients in all tribunals and courts both nationally and internationally and regularly appear in the Technology and Construction Court.

 

We are regularly asked to provide strategic and tactical advice in relation to all forms of disputes and prospective disputes and to provide advice and drafting support at the early stages of a construction and engineering contract dispute.

 

Mercantile Barristers clients come from all sections of the industry and are both national and international. We act in a wide variety of breach of contract, breach of statutory duty,professional negligence and judicial review cases in adjudication, arbitration and litigation for:

 

 Employers

 Joint Venture Partners

 Developers

 Funders & Institutional Investors

 Local Authorities

 Principal Contractors

 Specialist Trade & Sub Contractors

 Insurers & Underwriters

 Architects, Engineers, Surveyors, Project Managers & Specialist Consultants

 Recruitment Consultants

 Suppliers of Labour, Plant and Materials

CONTRACT DRAFTING & LEGAL ADVICE

For our professional clients, Mercantile Barristers offers a comprehensive and effective construction and engineering contract drafting and advisory service, applicable to all stages of a project’s life cycle, from initial feasibility through to completion, disposal or occupation.

 

Legal issues arise at every stage in a project’s life cycle. Addressing them promptly and properly are often the ‘stitch in time’ that saves a costly dispute down the line. Mercantile Barristers are able to offer a comprehensive drafting and strategic advisory service that avoids disputes and ensures that our clients are best prepared should a dispute become inevitable. We are regularly asked to review and draft contract documentation, plus provide advice concerning:

 

 Pre-Contract Risk Assessment

 Tendering & Procurement

 Standard Forms of Contracts, including JCT ICE, NEC, GC/Works, IMech and IChem forms

 Bespoke Construction & Engineering Contracts

 Information Technology & Telecommunications Contracts

 Energy Storage, Licensing & Trading Contracts

 Insurances and Warranties

 Consultancy Appointment Contracts

 Bonds and Guarantees

 Joint Ventures and Partnering Agreements including PFI and PPP Agreements

 Health, Safety and CDM Regulations

 Ongoing Project Monitoring & Review

 Employment Contracts & Compromise Agreements

CONSTRUCTION CONTRACT DISPUTES

Mercantile Barristers are experts in managing construction and engineering contract disputes from inception to conclusion. Because we understand the commercial context behind these disputes, we excel in devising the most profitable disposal of every dispute for our clients.

 

Our members at Mercantile Barristers are proficient in oral and written advocacy and we represent clients in all tribunals and courts both nationally and internationally and regularly appear in the Technology and Construction Court.

 

We are regularly asked to provide strategic and tactical advice in relation to all forms of disputes and prospective disputes and to provide advice and drafting support at the early stages of a construction and engineering contract dispute.

 

Mercantile Barristers clients come from all sections of the industry and are both national and international. We act in a wide variety of breach of contract, breach of statutory duty,professional negligence and judicial review cases in adjudication, arbitration and litigation for:

 

 Employers

 Joint Venture Partners

 Developers

 Funders & Institutional Investors

 Local Authorities

 Principal Contractors

 Specialist Trade & Sub Contractors

 Insurers & Underwriters

 Architects, Engineers, Surveyors, Project Managers & Specialist Consultants

 Recruitment Consultants

 Suppliers of Labour, Plant and Materials

VALUE ADDING APPROACH

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

 

However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

 

Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

MAKE AN ENQUIRY

    We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

    Please prove you are human by selecting the Heart.

    MAKE AN ENQUIRY

      We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

      Please prove you are human by selecting the House.

      VALUE ADDING APPROACH

      Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

       

      However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

       

      Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

      To find out more about how Chambers’ working practices have evolved to cope with Covid-19, please click here.

      X