Specialists in public and private sector construction projects
Our construction lawyers provide expert legal advice and end to end tailored support for clients who are involved in delivering construction projects across both public and private sectors. We have significant experience and in-depth knowledge across a number of sectors including healthcare, education, housing including social and private, culture and local government in both transactional construction and disputes.
We understand that construction and engineering projects can be complicated and time consuming to navigate, and along with balancing commercial constraints impacting time and budget together with regulatory requirements, this can result in potential risks and difficulties. We help our clients to manage complex and at times, challenging circumstances with confidence.
It is inevitable that, on occasion, disputes will arise and we have significant experience in all forms of dispute resolution, including adjudication.
How Capsticks can help
- Adjudication / Alternative Dispute Resolution / Litigation
The complex matrix of project agreements means that construction disputes are usually complex, time sensitive and of value. We have a wealth of experience acting for all parties across the project team, including in adjudications, TCC, and arbitration.
- Building safety
With a depth of knowledge on Building Safety, in part due to colleagues' client-side experience and client projects on site, we regularly advise and provide training on all aspects. We have been advising on the Building Safety Act 2022 and its repercussions since day one. The new building safety regime is complex with the higher-risk building requirements, including the building control “gateway” regime continuing to develop.
- Collateral warranties
Often overlooked or considered to be an inconvenience, for a beneficiary of a collateral warranty, it can be a critical item in a beneficiary’s armoury. Without a secure collateral warranty, a beneficiary may be unable to secure a resolution to a defects repair situation.
For those providing or procuring collateral warranties, they are invariably an inconvenience with associated penalties for non-provision. In this instance, third party rights may be available to resolve the issue in a timely and more cost effective manner. At Capsticks, our expert lawyers can advise your organisation on the terms that best suit you, procuring collateral warranties for the benefit of third parties and on enforcement
- Construction contracts
Advising on all types of construction contacts from building contracts (bespoke and industry forms), appointments to the professional team, collaboration agreements, frameworks and call offs.
- ESG (Environmental Sustainability Governance)
Our advising of public sector clients informs our thinking and advice on ESG. We are conscious of the importance placed on this area of a projects lifecycle by our clients and the construction sector in which we operate. We can provide bespoke training on various aspects of ESG. Additionally, our teams can support you with putting in place a sustainability strategy, sustainable frameworks, ESG policies and advise on net zero transition plans and ESG/impact reporting.
- Facilities Management
We advise across a number of sectors on facilities management contracts ranging from industry standard form contracts such as NEC to bespoke agreements aligned to the particular project needs. Our experience includes advising a University on the procurement of its new FM provider for the University’s estate.
- Procurement advice
We draft client specific framework agreements with all ancillary documents in a way that secures the client project in line with project aims. Appointing the professional project team correctly and early is critical to project success. We negotiate and complete the relevant appointments including bespoke agreements or industry standard forms (RIBA, ACE etc).
Projects include working under a number of client focussed frameworks with a mixture of frameworks by value or scope of work type, such as Facilities Management (FM) contracts. Our FM work ranges from acting for housing providers to large property portfolio clients including in the health sector.
- Security
Construction security can take many forms, from insolvency/performance bonds, ultimate company guarantees, vesting certificates, escrow accounts or project bank accounts and other types.
At Capsticks, we deal with security aspects across all project types and work alongside our clients and their teams to provide the best available outcome.
- Standard form contracts
Building contracts and their associated support agreements need to reflect the project terms agreed by the parties. We work with our clients and their project teams to ensure the contracts are on point.
We turn around collateral warranties, bonds, general security, and collaboration agreements. Projects include heat networks, development projects for health and education, local government civic buildings including libraries, theatres and many other building types.
