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Brighton 01273 838734
Construction Law
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A one-stop shop with an entrepreneurial edge.
Commercial solutions to complex issues.
Public and private institutions.
Investors.
Developers and contractors.
Specialist teams, with world-class insight and experience.
Martin John
Partner
020 7822 4127
martin.john@healys.com
Martin joined Healys in 2011 to head up the corporate services team. He deals with a wide range of tra....
Jerome O’Sullivan
Partner
020 7822 4144
jerome.osullivan@healys.com
Jerome is a Partner and member of the Commercial Dispute Resolution and Insurance Groups at Healys LLP....
We regularly advise institutions, developers, investors, public authorities, professionals and contractors to enable them to deliver on their projects as efficiently and effectively as possible.
Advisory role
Our team is on hand to advise on all aspects of the construction process, from inception to completion and to resolve any issues as they arise. Our one-stop-service gives us the breadth of knowledge to be able to advise on a range of projects that include:
  • Commercial development
  • Hotel and leisure
  • Education
  • Healthcare
  • Transport
  • Regeneration
  • Energy and power
  • Residential development
  • Waste management
  • Hotel and leisure
  • Water and utilities
We offer our services and advice on a global scale and assist on multiple site projects through our international network.
Our team will help you deliver your projects on time and on budget.
Our non contentious team can advise you on:
  • Construction contracts and the role and performance of industry professionals
  • Standard form and bespoke contracts, including standard terms issued by the Joint Contracts Tribunal (JCT); the Institution of Civil Engineers (ICE) including its New Engineering Contracts (NEC); and the International Federation of Consulting Engineers (FIDIC)
  • Contract novations and assignments
  • Exclusion and limitation clauses
  • Risk management
  • Securitisation
  • Bonds, warranties and guarantees
  • Insurance issues
  • Pre-emptive advice and avoiding disputes before they arise
  • Tactical and strategic advice
Types of dispute
Our contentious team can advise you on a wide range of building and engineering disputes including issues related to:
  • Latent and patent defects in quality of work and materials and remedial options
  • Project delays, including:
  • Requests for extensions of time and “relevant events”
  • Critical path analysis and concurrent delays
  • Claims for liquidated and assessed damages (LADs)
  • Whether LAD clauses amount to a penalty and voidable
  • Claims for loss and expense, prolongation and disruption
  • Claims for overhead and profit
  • Valuation of, and delays caused by variations
  • Final accounts and retentions
  • Delays or failure to make interim and final payments
  • Interpretation of standard terms including JCT, ICE, NEC and FIDIC
  • Contract novations and assignments
  • Exclusion and limitation Clauses
  • Terms implied under the Construction Act 1996 including payment and pay less notices
  • Suspension or cessation of works by the contractor
  • Nuisance claims including noise, vibration and damage to adjacent properties
  • Party wall issues
  • Compliance with the Pre Action Protocol for Construction and Engineering Disputes.
  • Bonds, warranties and guarantees
  • Related insurance disputes including:
  • Contractor’s all risks
  • Public and employer’s liability
  • NHBC type warranties
  • Professional negligence disputes involving architects, building and quantity surveyors, structural engineers and valuers
Dispute resolution process
We have extensive experience in dealing with high value and complex construction disputes in a number of fora including the Technology & Construction Court, arbitration, adjudication and mediation.
After recently securing a judgment on behalf of a client at first instance in the High Court, we are preparing to defend our opponent’s appeal to the Court of Appeal, which is scheduled to be heard in autumn 2017.
The headquarters of the London Court of International Arbitration (LCIA) is at 70 Fleet Street, which is approximately 5 minutes walk from our offices. The same building is often a convenient neutral venue for mediations.
We have strong working relationships with a range of other professionals, whose expertise can be called upon, depending upon the facts of any particular dispute.
Expert evidence is often crucial in resolving construction disputes. We can advise on the selection, instruction and management of expert evidence in the fields of building and quantity surveying, structural engineering, project management, architectural design, valuation and environmental remediation.