Construction Law
Construction enquiries: We are currently offering a free 30-minute initial discussion for all construction and planning enquiries from private individuals – Please contact Jan Grimshaw.
Advising clients from leading national housebuilders to individuals
We advise a wide variety of clients from leading national and regional housebuilders, through to commercial developers and individuals across a wide range of construction projects from schools, commercial and retail and remediation projects to individual homes.
We advise on all aspects of construction from negotiation of the building contract and appointments to the resolution of issues during and after construction.
In our dispute resolution work, we focus on establishing and narrowing the issues with a view to bringing disputes to a rapid and economic conclusion. Professional and approachable, we make sure the client’s priorities for the case are our priorities.
We are currently offering a free 30-minute initial discussion for all construction and planning enquiries from private individuals
Construction Law Team
Procurement Services
Procurement Services
Procurement typically includes
Taking in to account relevant agreements such Section 106 Agreements, Agreements for Lease and funding agreements, preparing:
Development Agreements or Project Agreements often with Local Authorities.
Section 38 Agreements, Section 104 Agreements
Bespoke amendments to JCT or NEC forms of building contracts (including contractor, contractor’s professional team and sub-contractor warranties, Contractor’s parent company guarantee/performance bond and professional consultant appointments including novations and warranties).
Previous projects:
Primary and secondary schools, some with community facilities
- Sports pavilion and community centres
- Retail park units
- Major redevelopment and refurbishment of a residential block of flats in a listed building in London
- Various infrastructure works including land remediation works, highways works and public open space projects
- Mixed private and affordable housing developments
- Care home and extra care apartments development
- Construction documents for Agreements for Lease for retail units
- Design and installation of public art works
- Dwellings
We welcome enquiries about all types of projects, including domestic.
Dispute Resolution Services
Dispute resolution
Construction disputes are often complex and high value and therefore expensive. We recognise that they are an unwelcome drain on clients’ time and resources and risk affecting commercial relationships, reputations and solvency.
We focus on establishing and narrowing the issues with a view to bringing disputes to a rapid and costs effective end. However, not all disputes can be settled without resort to proceedings and for most commercial construction contracts adjudication is available as well as litigation/arbitration and mediation. Whatever process we recommend to our clients or they are subjected to by opponents, we work to give clients a strong hand in advancing their cases and taking steps to protect their costs position.
Novations of Contracts
Novations of contract on insolvency of party
Insolvency risks serious prejudice to projects. We have provided a suite of novation documents and warranties following the insolvency of a main contractor and welcome enquiries for novation documentation.
Cladding
We advise on fire and cladding issues, whether you are a developer, owner or leaseholder. We recognise that these issues are of the utmost importance to all affected and aim to give pragmatic and cost conscious advice.
Our free half hour interview applies to all enquiries about fire and cladding issues, whether you are a private individual or a business.
Self-build houses
Exhilarating and daunting, self-build is the dream of many people who want to build individual and often very efficient homes. If you have decided on self-build and perhaps even a Passivhaus, please get in touch.
We can help at every stage from purchase, dealing with lender’s requirements, planning, professional and supplier appointments and the glitches often encountered along the way. For a free discussion, please contact:
Purchase: kerry.raymond@daviesandpartners.com | Telephone 01454 619619
Meeting lender requirements for appointments, collateral warranties and security: jan.grimshaw@daviesandpartners.com | Telephone 07702 846850
Planning: iain.cole@daviesandpartners.com | Telephone 01454 619619
Construction contracts and appointments: jan.grimshaw@daviesandpartners.com | Telephone 07702 846850
Glitches during construction: jan.grimshaw@daviesandpartners.com | Telephone 07702 846850 / iain.cole@daviesandpartners.com | Telephone 01454 619619
The National Self-Build and Renovation Centre in Swindon (SN5 8UB, telephone 0345 223 4455) is a mine of information for self-builders. We visited their show in 2025 and self-builders may enjoy a visit. Their website is: NSBRC – Home
Collateral warranties required?
Collateral warranties (CWs) give contractual rights to a person who is not party to the original contract. For example, a purchaser of a development may want a CW from each member of the development professional team, the main contractor and key sub-contractors. We can help try to secure CWs. Often contracts are not clear about CWs and it can take some time to negotiate CWs. If you need to get CWs in place, for example if you are subject to a lender’s deadline for provision of CWs as a condition of release of funds, we can help you get the CW “ducks in a row” as swiftly as possible. Please contact Jan.Grimshaw@
Adjudication
The Housing Grants, Construction and Regeneration Act 1996, introduced adjudication temporarily to resolve construction disputes quickly and to improve cashflow through the industry supply chain.
Adjudication is fast – 28 to 42 days – and, compared with litigation, not expensive. But it should not be started without consideration of other options and the resources needed. A key issue is that succeeding at adjudication does not mean the loser will be ordered to pay the winner’s costs.
Adjudicators are specialists in the construction industry – solicitors, barristers, surveyors and architects. An adjudicator’s fees may be considerable, and the parties will all be liable for all the fee regardless of outcome.
Considering adjudicating? Advice should be taken as soon as there is a dispute and before an adjudication is started.
Received a notice of adjudication? Act fast. Involve a director. Check your insurance, comply with any relevant provisions, and take advice straight away, as the time to respond is very limited.
Getting out of your depth with an ongoing adjudication? It is difficult for advisors to pick up an adjudication mid-stream but do take advice/get a second opinion.
Does the adjudication relate to your home? We offer a free half hour discussion, subject to conflict of interest and basic ID checks.
Our construction team welcomes adjudication enquiries – please call Iain Cole on 01454 619619 or email iain.cole@daviesandpartners.com
If you would like to receive our construction and planning newsletter, please email Iain. Previous newsletters are here: D&P | Land | Construction Law – Davies and Partners Solicitors
Technology and Construction Court (TCC)
The TCC is a specialist court for all types of construction, engineering and technology disputes. Claims for £250,000 and over, relating to construction contract disputes, professional negligence claims relating to surveyors, architects and contractors may be issued in or moved to the TCC.
The TCC also deals with enforcement of adjudication decisions.
The costs of a TCC case can run into the hundreds of thousands where the matter involves multiple issues, such as defects, time overruns and dispute variations.
Considering a claim in the TCC? Take advice before starting proceedings. There are multiple strategy issues to be considered and pre-action steps need to be followed (unless at the end of the time to start a claim).
Received a construction and engineering pre-action protocol letter? Notify insurers and take advice – there are time limits for responding and bear traps and pitfalls to responding without legal advice.
Ongoing TCC case not going well? It is difficult to advisors to pick up a TCC case mid-stream but do take advice/ get a second opinion.
Does the TCC case relate to your home? We offer a free half hour discussion, subject to conflict of interest and basic ID checks.
Our construction team welcomes TCC enquiries – please call Jan Grimshaw on 07702 846850 or email jan.grimshaw@daviesandpartners.com
If you would like to receive our construction and planning newsletter, please email Jan. Previous newsletters are here: D&P | Land | Construction Law – Davies and Partners Solicitors
Construction and planning newsletters
