Construction Contract Solicitors in London
Construction contract solicitors draft, review and negotiate the building contracts, subcontracts and professional appointments that govern a project’s price, programme, quality and risk.
call 0207 100 2525 to speak to a specialist today. Available 24/7
Adam Bernard Solicitors advises developers, main contractors, subcontractors and consultants across London on contracts that keep projects moving and cash flowing. Construction is one of the most heavily regulated contract environments in the UK. Statute controls how and when you get paid, how disputes are resolved and who is responsible for building safety, so the contract has to work with the law, not against it.
Call 0207 100 2525 or book a free consultation — via Zoom, Teams, WhatsApp or Skype
Types of Construction Contracts We Handle
We draft and review every main type of construction contract, from bespoke building contracts to amendments of industry standard forms.
- Mainbuilding contracts between employer and contractor, including design and build
- Subcontractsbetween main contractors and specialist trades, covering scope, payment, retention and back-to-back obligations.
- Professionalappointments for architects, engineers and project
- Collateralwarranties and third-party rights for funders, purchasers and
- Minorworks and domestic contracts for smaller commercial and residential
- Supplycontracts for materials and
What Should a Subcontractor Agreement Include?
A subcontractor agreement should set out the scope of works, price, payment mechanism, programme, variations, retention, insurance, health and safety duties and dispute resolution. In particular:
- Aclear scope and drawings or specification, so variations can be identified and
- Paymentapplication and notice dates that comply with the Construction
- Retention percentage and release
- Liabilitycaps, liquidated damages for delay and defects
- Healthand safety duties under the Construction (Design and Management) Regulations 2015.
The Construction Act: Understanding Your Statutory Payment Rights
Under Part II of the Housing Grants, Construction and Regeneration Act 1996, most construction contracts must include an adequate payment mechanism and a right to refer disputes to adjudication at any time. Key rules in Part II of the Act include:
- Interimpayments for contracts lasting 45 days or
- Paymentnotices and pay less notices setting out the sum due and any amount to be
- Aban on pay-when-paid clauses, except in limited insolvency
- Aright to suspend performance for non-payment, after
- Adjudicationas a fast dispute resolution route, with decisions binding until finally
If a contract does not comply, the Scheme for Construction Contracts (England and Wales) Regulations 1998 fills the gaps. Many disputes arise because parties assume they can contract out of these rules when they cannot.
Building Safety Act Duties in Construction Contracts
The Building Safety Act 2022 created new dutyholder responsibilities and longer liability periods that construction contracts now need to address. The Building Safety Act 2022 introduced a stricter regime for higher-risk buildings and extended limitation periods for certain claims under the Defective Premises Act 1972. Contracts should clearly allocate design and building regulation compliance responsibilities, and require the information needed for the golden thread of building information.
Late Payment in Construction
Construction businesses can also claim statutory interest on late commercial payments. The Late Payment of Commercial Debts (Interest) Act 1998 gives a statutory right to interest and fixed compensation where a contract does not provide a substantial alternative remedy. GOV.UK explains how late payment interest works.
Common Construction Contract Disputes
- Valuingvariations and additional
- Delay,extensions of time and liquidated
- Defectivework and responsibility for remedial
- Withheldpayments where no valid pay less notice was
- Retentionnot released on
Construction Contract Checklist Before You Sign
Before signing any construction contract or subcontract, check five things: scope, payment, delay, design responsibility and exit.
- Scope– are the drawings, specification and exclusions complete?
- Payment–are the application, due date, final date for payment and notice requirements clear and compliant with the Construction Act?
- Delay–what are the liquidated damages, and what events entitle you to an extension of time?
- Designresponsibility –are you taking on design liability, and is it insured?
- Exit– what are the termination rights, and how is the final account valued?
A short review at this stage, through our contract review service, costs a fraction of an adjudication.
How Our Construction Contract Solicitors Can Help
We help you price risk correctly before you sign, and protect your cash flow during the project.
- Draftingbespoke contracts and amending standard forms to suit your project.
- Reviewingcontracts and subcontracts before tender or signature through our contract review service.
- Preparingcompliant payment and pay less notice
- Advisingon adjudication, termination and defects
Preparing contracts for related needs, such as supply of services agreements with consultants and manufacturing agreements for off-site fabrication.
Why Choose Adam Bernard Solicitors?
SRA-regulated solicitors, 15 years in practice and offices in High Holborn and Upton Park. See all our commercial contract services.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
Can a construction contract include a pay-when-paid clause?
What is construction adjudication?
What happens if my construction contract does not have compliant payment terms?
Do construction contracts need to address the Building Safety Act 2022?
Do you review JCT or NEC contracts?
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