For many small and medium sized businesses in the construction industry, documentation and regulation compliance can be daunting. In addition to the sheer weight of available information, rules and regulations are continually changing and keeping up with these changes is extremely difficult for many business people.
Contracts in the Construction Industry
I can help. As a trained lawyer with over 35 years experience in the construction industry, I can advise and assist you on all construction contractual matters, from contract preparation through to dispute resolution, such as:
- Terms and conditions of business, including sub-contract terms for subcontractors and contractors, conditions of sale for specialist suppliers and general contract negotiations etc
- Claims advice and preparation, final accounts and so forth
- Advice on ancillary documents such as standard form quotations and confirmation of instruction documentation
- Construction adjudication, (whether presenting or defending claims or acting as an adjudicator if appropriate) and other advice on dispute avoidance and resolution;
‘The Construction Act’
Those inside the Construction Industry refer to Housing Grants Construction and Regeneration Act 1996 as ‘The Construction Act’. The Construction Act introduced statutory requirements for payment provisions in commercial construction contracts and introduced also the statutory right of adjudication. Alterations to both payment and adjudication provisions in the original act were made by the Local Democracy, Economic Development and Construction Act 2009.
I have a particular interest and expertise in the Construction Act, having served as a representative of the Construction Confederation on Sir Michael Latham’s 2004 review of the Act which led to the 2009 changes. I was also heavily involved, as a representative of the Construction Confederation, with these changes as they evolved between 2004 and 2009.
I have also trained small groups and individuals on the implications of changes to the Construction Act. In particular they require significant amendment to the payment provisions of main and sub-contracts as well as providing opportunities for those lower down the supply chain to protect themselves against non-payment by those higher up the chain.
Summary of wider expertise in the construction industry
Active in the National Federation of Builders and British Woodworking Federation since 1984, and President of Reading Association of NFB (then BEC) in 1989 and 1993
From 1998 to 2009 NFB representative on the Construction Confederation Contracts Committee, representing SME Contractors on the committee. In particular:-
- Vice Chair of Committee from 2005 to 2009, Chair from 2009 to 2013
- Served on a number of JCT (Joint Contracts Tribunal) Working Parties, particularly Short Form of Domestic Sub-Contract, Named Sub-Contractors and (in 2008) Sustainability
- Served in 2004 as one of the Construction Confederation Representatives on Sir Michael Latham’s review of the Construction Act for DTI (now BIS), both as member of Main Review and as a member of the Payments Working Group
- Member of group co-ordinating Construction Confederation response to Government proposals to amend Construction Act and Scheme for Construction Contracts.
Between June and December 2009 I promoted the formation of a new organisation, Contractors Legal Group (‘CLG’) to continue the role of the Contracts Committee in anticipation of demise of Construction Confederation in December 2009. I was first elected Chair of CLG for two years in January 2010 (having negotiated its Terms of Reference with its then major industry sponsoring organisations, the UK Contractors Group, NFB, Civil Engineering Contractors Association and Scottish Building Federation) and served until December 2013.
More recently I assisted the RIBA with the drafting and production of their Concise and Domestic Building Contracts 2018.
So if you are a small or medium sized company in the construction sector, please let me know if you have any contractual issues or disputes which require professional attention.