Construction Lawyers

Services provided by our construction lawyers

The services our construction lawyers can provide to your business include: 

• Building contracts. Legally binding agreements that set out the rights, responsibilities and obligations of parties involved in a construction project, typically between the project commissioner and contractor.

• Construction sub-contracts. Contracts under which a qualified subcontractor will provide specialist advice to a main contractor – typically architects, engineers, surveyors and so on. 

• Professional appointments. Contracts that formally engage consultants such as architects, engineers or surveyors, defining their roles, services, fees and liability.

• Collateral warranties. Agreements that extend duties from a contractor or consultant to a third party – such as a funder or tenant – giving them direct rights in case of defects or failures.

• Bank and surety bonds. Financial instruments that provide security to the project commissioner by guaranteeing performance or payment obligations if the contractor defaults.

• Insurance for construction projects. Advising businesses around the policies that protect parties against risks such as property damage, design errors, personal injury or third-party claims arising from construction activities.

• Development agreements. Contracts that outline the responsibilities of developers and landowners, often governing how and when land is developed and the financial terms involved.

• Licences for alteration. Legal permissions granted by landlords to tenants allowing them to carry out specified works to leased premises, often subject to conditions and reinstatement obligations.

• Funding agreements. Contracts between a funder and a developer that set out how a construction project will be financed, including drawdown conditions and security requirements. Our construction lawyers can advise on the available options for procuring development projects, from considering funding options and EU procurement issues to structuring the transaction itself and dealing with risk allocation.

• Due diligence. Advising businesses on third-party contractors and helping them to complete the necessary due diligence, conditions-precedent and funding of projects.

• Civil approvals and planning permission. Helping businesses obtain the necessary civil and municipal approvals from local authorities.

Our construction law experience

The experience of our construction lawyers includes:

• Mixed use development. Advising various developers on mixed-use development using JCT design and build procurement.

• Residential development. Advising the lender on a residential development comprising social and residential housing.

• Football stadium. Assisting with the construction documents for a football stadium and all associated warranties, bond and guarantees. 

• Specialist contractor. Acting for a specialist contractor engaged under an NEC3 contract for a public sector work project.

• Renewable energy. Acting for the lender on a residential development comprising social and residential housing.

• Dispute resolution. Helping a client resolve a dispute between it and its subcontractors in relation to a major design engineering contract. 

• Insurance cover. Acting for a UK company against its insurer who refused cover on a construction project claim. 

Client reviews

Hear from our clients about how our legal expertise has been instrumental in their success: https://emlaw.co.uk/reviews/.

Construction law FAQs

When should I seek legal advice for a construction project?

It’s best to consult a construction lawyer early—before signing contracts or commencing work—to prevent future disputes and ensure your documentation and procurement processes are legally robust.

What documents should be in place before starting a construction project?

Typically, you’ll need a signed building contract, consultant appointments, collateral warranties (if required), insurance policies, planning approvals, and sometimes a development or funding agreement.

What types of projects do construction lawyers typically handle?

Construction law firms handle a variety of projects including residential developments, commercial buildings, infrastructure projects, and renovations. They provide legal support throughout the project lifecycle, from planning and contract drafting to dispute resolution and project completion.

What is the role of a construction solicitor during contract negotiation?

A construction solicitor ensures that the terms of a building contract reflect your commercial objectives, allocate risks fairly, and protect your interests in case of delays, defects or non-performance.

What are ‘pay when paid’ clauses, and are they enforceable?

‘Pay when paid’ clauses in a construction context, which delay payment to subcontractors until the contractor is paid, are generally unenforceable under UK construction law except in cases of upstream insolvency.

What is a defects liability period?

A defects liability period is a set time after practical completion during which the contractor remains responsible for remedying defects at their own cost.

Can contract terms be amended from the standard JCT template?

Yes, JCT contracts are often modified through a schedule of amendments to suit the specific needs, risk profile, and commercial arrangements of the parties involved.

How can construction lawyers assist with regulatory compliance?

Construction law firms help clients navigate complex regulatory requirements by ensuring compliance with local, national, and international construction laws. They assist with obtaining necessary permits, adhering to environmental regulations, and ensuring workplace safety standards are met.

What are common disputes in construction projects and how are they resolved?

Common disputes in construction projects include contract breaches, delays, payment issues, and defects in workmanship. These disputes are often resolved through negotiation, mediation, arbitration, or litigation, depending on the nature and severity of the conflict or what the relevant contracts say.

How does adjudication work in construction disputes?

Adjudication is a fast-track dispute resolution process where an independent adjudicator makes a binding decision, often within 28 days, making it a common method for resolving payment and contract issues.