Construction, development and regeneration

Our wide-ranging development support services mean we advise clients throughout regeneration, development and construction projects, from the moment sites are identified to completion of the works. Beyond the build, we have extensive experience in advising on repairs and maintenance throughout the lifespan of property.

We understand the diverse positions our clients can have in development. Our charities clients can be taking on a role at any stage of the supply chain, including those that are landowners looking to maximise the potential of undeveloped land, developers, building contractors or professional consultants, SME suppliers and subcontractors or those who will ultimately be concerned with the new development for the long term. Because we can be involved at any stage of the process, we can find the right solution. Our services include:

Development and regeneration

Strategic advice and guidance on all aspects of development and regeneration projects, including funding arrangements, development agreements, planning and highways agreements and ultimate disposal of the land.

Construction

Drafting and negotiating standard form building contracts (e.g.,. JCT, NEC and PPC) and consultants’ appointments (e.g.,. RIBA, RICS, ACE and NEC) with bespoke amendments to reflect clients’ precise needs. Alternatively, we specialise in producing bespoke construction agreements where special project needs require a more flexible approach than can be delivered through one of the standard forms (e.g.,. contracts more achievable for SMEs).

Repairs and maintenance

Support throughout the full life-cycle of the building, including strategic advice for repairs and maintenance services, drafting and negotiating contracts (e.g.,. JCT, NEC, TPC, NHMF and bespoke) from low-value contracts to comprehensive maintenance contracts for large property portfolios. Support for in-house maintenance teams includes materials supply, ICT and vehicles contracts.

Procurement and state aid

Advising on procuring contracts for development works, associated services and materials supply. We have specialist expertise in advising on procurement with wider considerations such as funders’ requirements, compliance with the public procurement regulations and State aid.

Contract management

Training packages to help in-house teams understand their contracts and reduce the risk of disputes through effective contract management.

Disputes

Working promptly and effectively with clients during difficult times leading up to a contract termination, a procurement challenge or payment dispute; our dispute resolution team has extensive experience of both procurement and construction disputes in the Technology and Construction Court.

We know that many of our clients are looking to maximise the positive impact they can have on society and their communities in the process of developing, regenerating and maintaining our built environment. We are the legal pioneers of securing community benefits through contracts and helped Chris White MP with the Public Services (Social Value) Act 2012.

Our leading work supporting public sector clients in delivering social value means we are well-placed to help charities achieve the same in their projects without unduly inflating contract prices. For those clients who are buying in works and services, this can include tackling targeted recruitment and training; maximising opportunities for social enterprises and SMEs down the supply chain; environmental sustainability; supporting disadvantaged people; payment of the Living Wage and fair working conditions. For clients who are suppliers, we help them to identify how they do or could achieve social value for their public sector clients so that they can demonstrate this through tender exercises or soft market testing with a view to winning more work.

For further information on achieving social value through procurement of contracts see our earlier publications:

“Making the most of the Public Contracts Regulations 2015: A guide for social enterprises”, November 2015, written by our Mark Cook, Beulah Allaway and Martin Brown in conjunction with the Birmingham and Solihull Social Economy Consortium 

“Social Value and Public Procurement – A Legal Guide”, January 2014, written by our Mark Cook, Gayle Monk and Beulah Allaway as a legal appendix to Richard Macfarlane’s report for the Joseph Rowntree Foundation, “Tackling Poverty with Public Procurement”. Note since the release of this guide, the Public Contracts Regulations 2006 have been superseded by the Public Contracts Regulations 2015.