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You the Business > Construction Law

Clarkes have experience and can advise on construction contracts such contracts. We can act in connection with the preparation or approval of the contracts themselves and in connection with contract disputes.

The common issues that need advice are:

• Tenders
• Letters of Intent
• Consideration and Obligations of the Contractor
• Time Scales
• Consideration and Obligations of the Employer as to payment and so on
• Insurance
• Retention
• Assignment, Novation and collateral warranties. Quite often the client needs to assign or novate the benefit of the contract with it's tenant, third party purchaser and/or their bank and the procedure and the number of times building contracts or contracts of appointment for professional team can be assigned or novated in part. This may have insurance ramifications for the contractor.
• Contract rights of third parties act

The Contract Rights of Third Parties Act

The Contract Rights of Third Parties Act, 1999 applies to all contract made on or after 11th May 2000. The Act amended the old rules which meant that a contract could only be enforced by one of its parties to provide that under the Act the contract could be enforced by third parties if they are expressly identified individually, or if defined group where they have an obvious benefit conferred on them by the contract. Operation of the Act can be excluded by the terms by mutual agreement, but otherwise the Act can be an important weapon for third parties.

Disputes

Occasionally disputes still arise and Clarkes are well placed to assist claimants to recover damages for their loses and realise profits and so on.