Construction and Civil Engineering Law | Solicitors.com

Solicitors.com lists specialist construction and civil engineering law solicitors located throughout the UK. They can advise employers, developers, contractors, subcontractors, consultants, engineers, architects, surveyors, property owners, funders and insurers. Construction law covers projects ranging from domestic building work and commercial developments to major infrastructure, transport, energy and civil engineering schemes.

Construction Contracts

A carefully drafted contract should identify the work to be completed, the price, payment arrangements, programme, responsibility for design and the procedure for dealing with delays, variations and defects. Construction solicitors can prepare, review and negotiate:

• Building contracts and subcontracts;
• Consultant appointments;
• Collateral warranties;
• Development and funding agreements;
• Professional team appointments;
• Letters of intent;
• Framework agreements;
• Performance bonds and guarantees; and
• Joint venture and consortium agreements.

Specialist advice may be required on standard forms such as JCT, NEC, FIDIC and other industry contracts. The latest JCT suite is the JCT 2024 Edition, while the NEC4 family includes contracts for engineering, construction, professional services and facilities management.

Payment Disputes

Payment disputes are common within the construction industry and can seriously affect cash flow. A construction solicitor may advise on:

• Interim and final payment applications;
• Payment notices and pay-less notices;
• Withholding payment;
• Retention money;
• Valuation of work;
• Loss and expense claims;
• Final accounts;
• Insolvency within the contractual chain; and
• Suspending work for non-payment.

The Housing Grants, Construction and Regeneration Act 1996 provides important payment and adjudication rights for many construction contracts. Where a contract does not contain compliant provisions, terms from the Scheme for Construction Contracts may apply.

Delays, Extensions of Time and Variations

Construction projects frequently encounter delays, changes to the scope of work and disputes about responsibility for additional costs. Legal advice may be required in relation to:

• Extensions of time;
• Liquidated damages;
• Disruption and prolongation claims;
• Variations and compensation events;
• Concurrent delay;
• Acceleration of the works;
• Failure to provide access or information; and
• Termination of the contract.

The wording of the contract and the quality of the project records can be critical. Parties should retain notices, programmes, meeting minutes, photographs, correspondence and cost information throughout the project.

Defective Construction Work

Defects may become apparent during construction or several years after completion. Claims can involve:

• Structural movement or failure;
• Water penetration and defective roofing;
• Unsafe cladding or fire-protection systems;
• Defective foundations;
• Poor workmanship or unsuitable materials;
• Mechanical and electrical failures;
• Failure to comply with the specification; and
• Breaches of building regulations.

A solicitor can advise on responsibility for investigating and repairing the defects, recovering remedial costs and responding to claims brought by an employer, purchaser, tenant or building owner.

Professional Negligence

Construction projects rely on advice and design work from architects, engineers, surveyors, project managers and other consultants. Professional negligence claims may arise from:

• Design errors;
• Inadequate inspections;
• Incorrect certification;
• Failure to identify defective work;
• Cost-planning or measurement errors;
• Failure to administer the contract properly; and
• Advice that falls below the standard reasonably expected.

These cases often require evidence from an independent expert and careful consideration of contractual duties, professional standards and causation.

Building Safety

The Building Safety Act 2022 introduced substantial changes to the regulation, design, construction and management of buildings, particularly higher-risk buildings. Construction solicitors can advise clients, principal designers, principal contractors, developers, building owners and accountable persons on:

• Building-control approval;
• Higher-risk building requirements;
• Dutyholder and competence obligations;
• Change-control procedures;
• Keeping the required information and records;
• Remediation of historic defects;
• Building liability orders;
• Claims involving construction products; and
• Enforcement by the Building Safety Regulator.

The current regime imposes specific responsibilities on clients, principal designers and principal contractors working on higher-risk buildings.

Construction Adjudication

Adjudication is widely used to resolve construction disputes quickly. Many parties to qualifying construction contracts have a statutory right to refer a dispute to adjudication at any time. An adjudicator will normally decide within a short period. The decision is generally binding unless and until the dispute is finally determined by arbitration, litigation or agreement. Solicitors can assist with:

• Preparing or responding to a notice of adjudication;
• Drafting referral and response documents;
• Jurisdictional challenges;
• Payment and valuation disputes;
• Delay and defect claims; and
• Enforcing or resisting an adjudicator's decision.

Proceedings to enforce an adjudicator's decision are generally dealt with rapidly by the Technology and Construction Court.

Arbitration, Mediation and Negotiation

Not every construction dispute needs to be decided by a court. Depending on the contract and the nature of the dispute, the available options may include:

• Direct negotiation;
• Mediation;
• Expert determination;
• Dispute boards;
• Adjudication; and
• Arbitration.

Mediation can allow the parties to agree a commercial settlement while preserving an ongoing working relationship. Arbitration provides a private process resulting in a binding decision and is frequently used for international construction and engineering disputes.

Construction Litigation

Where a dispute cannot be resolved, a solicitor can act in proceedings before the Technology and Construction Court, other courts or relevant tribunals. The Technology and Construction Court deals with technically complex cases involving construction, engineering, professional negligence, building defects and information technology. Parties to many construction and engineering disputes are expected to follow the relevant pre-action protocol before starting proceedings. This encourages an early exchange of information and consideration of settlement or alternative dispute resolution.

Civil Engineering and Infrastructure Projects

Civil engineering solicitors advise on projects involving:

• Roads, bridges and tunnels;
• Railways and transport systems;
• Water and drainage infrastructure;
• Ports and airports;
• Energy and renewable-energy projects;
• Utilities and telecommunications;
• Groundworks and earthworks; and
• Public-sector infrastructure.

These projects may involve complex procurement arrangements, extensive design responsibility, planning and environmental requirements, compulsory purchase, public law and international contracting issues.

Finding a Construction Law Solicitor

Construction and civil engineering law is highly specialised. The appropriate solicitor will depend on the size and type of project, the contract being used and whether advice is required before, during or after construction. When contacting a firm, explain:

• The nature and value of the project;
• Your role in the contractual chain;
• Which contract or appointment applies;
• Whether a formal notice or claim has been received;
• Whether work is continuing; and
• Whether there is an urgent payment, adjudication or limitation deadline.

To find a Construction and Civil Engineering Law Solicitor, use the search facility at the top of this page. We recommend contacting several firms to compare their relevant experience, proposed approach and fees.