Construction & Engineering Contracts

At Silver Shemmings we have individuals to advise you on the choice of Construction and Engineering Contract. If you are a Main Contractor, Sub-Contractor or Consultant receiving a Contract we can advise you of your rights and obligations also.

The Contract you choose or you agree to creates a legally binding agreement by which rights and/or obligations are acquired or granted.

This must consist in essence of four elements,

• an offer,
• an unconditional acceptance of that offer,
• consideration and
• the intention by both parties to be legally bound by that agreement.

Most aspects of law on contract are set down at Common law; that is in Case law (or Judge made law) going back centuries. Criteria to establish if the Contract is void further consists of a consideration of:

1. capacity to contract;
2. intention to contract;
3. consensus ad idem (agreement as to the same thing);
4. valuable consideration (or executed as a Deed);
5. legality of purpose;
6. sufficient certainty of terms;
7. possibly particular form.

At Silver Shemmings we have experts to consider and advise in respect of whether or not the Contract you consider binds you is indeed enforceable or evidences the actual agreement.

In terms of ancillary documents such as Collateral Warranties, Performance Bonds, Programmes, Activity Schedules, Bills of Quantities, Employer’s Requirements, Contractors Proposals, Works Information, Site Information, Project Brief, Project Proposals, Partnership Charter, etc., again our experts can advise on the incorporation, priority and effect of such documents or advise in the drafting and incorporation.

The complex area of Letters of intent and Quasi Contracts are also regularly dealt with by our expert team. Consideration is given to the effect of the above and what if any rights and obligations flow in terms of payment, quality of works, design liability, time, termination and dispute resolution procedure.

Where a Standard Form of Contract has been chosen for use we can draft bespoke amendments, advise on the amendments provided by others or advise on the appropriateness of Contract Selection.

At Silver Shemmings we have experience of many forms of Standard and bespoke Contracts and the amendments that can be made. Silver Shemmings also has a depth of experience in providing in-house seminars and training in all relevant subjects, including Standard Forms of Construction Contracts, General Contract and Commercial Law.

Should you require Contract Selection advice, training, drafting of Contract or Letters of Intent, Contract Interpretation or consideration of how your Contract applies to you in respect of rights and obligations then please contact us on:

Sarah Shemmings or Richard Silver

Tel.:     0845 345 1244
Email:  office@shemmingsllp.co.uk

Robert Shawyer – Cardiff

Tel.:     02920 474 570
Email:  cardiff@shemmingsllp.co.uk

Don’t forget that you can also make initial contact through our free helpline 08455 1 92 92 1