BURGES SALMON LLP Construction Law How we can help you Our specialist construction and engineering lawyers work with all client types involved in the development and delivery of complex infrastructure, construction, engineering and facilities management / asset maintenance projects. We also advise on the resolution of disputes under all forms of construction and engineering contract. Our team includes dual-qualified lawyers including chartered surveyors. Our work covers many specialist sectors including energy (nuclear, all types of renewables, energy from waste), utilities, transport, real estate development, defence, health and social care, leisure and education. We advise both public and private sector clients, including developers, investors, occupiers, contractors, consultants, funders and investors. Our expertise includes: • Public and private sector clients – advising on the procurement and funding of construction and engineering works and services • Public and private sector clients - advising on complex facilities management contracts using forms such as the NEC4 Facilities Management Contract and the Term Service Contract and the CCS FM1 and FM2 forms of contract • Suppliers – advising contractors, consultants, subcontractors and suppliers on the supply of materials, equipment, construction works and services • Funders and investors – construction investment including project finance • Procurement and funding strategies – including PPP and PFI • Regulated procurement • Health and safety • Construction contracts and professional appointments - drafting, negotiating and advising on all standard and bespoke forms of contract including NEC3, NEC4, JCT and other commonly used standard forms • Security documents (such as bonds and parent company guarantees) and warranties • Disputes – advising on construction disputes using a broad range of methods of dispute resolution including adjudication, arbitration, litigation, expert determination, conciliation and mediation. Case studies Birmingham City Council Advising on the impact of COVID-19 on the delivery of construction and engineering projects for the Birmingham 2022 Commonwealth Games. Department for Environment, Food & Rural Affairs Advising on the regulated procurement and bespoke NEC4 FM contract (a call-off under CCS Framework RM6232) for DEFRA’s WP&FM24 programme, a longterm, high-value (c£770m) programme to deliver FM services across assets with widely differing needs, some of which support critical risk management infrastructure of national importance. Working hand in glove with DEFRA and key stakeholders to structure the procurement, develop the contracting model for this complex programme, advise during the bidder negotiation stage and support governance and approvals processes. Defence Infrastructure Organisation Advising on the procurement of the Future Defence Infrastructure Services (FDIS) programme to deliver hard Total FM services across the Built Estate requiring close collaboration with the DIO, other stakeholders and advisers to develop the contracting structure to reflect the requirements for the programme. Highways England Advising on the Heathrow expansion project, including construction advice on the works required for the interface between the development of a new runway and the strategic road network (including the M25 and M4). Welsh Minsters and Transport for Wales Advising on the £738m transformation of the Core Valley Lines, part of the South Wales Metro scheme. This groundbreaking project is the largest procurement ever undertaken by Welsh Ministers and will deliver economic regeneration across Wales through the transformed rail infrastructure. We advised on the development and negotiation of a complex bespoke NEC3-based contract with multiple call-off terms and conditions to facilitate the works and services required to deliver the transformation comprising over 300 separate construction sites. Back to contents Back to contents 8
BURGES SALMON LLP Contract Law How we can help you We advise public sector bodies on all types of commercial contracts, from complex multi-party transactions in highly regulated sectors to simple supplies of goods and services. We can help you with advising on all aspects of contract and commercial law (including procurement, drafting and negotiation of such contracts and the allocation of risk). Our experience enables us to help you find practical solutions that reflect best practice, meet your objectives and align with your priorities and policies, including value for money, optimum risk allocation, delivery to schedule, meeting performance standards, the right behaviours, appropriate project controls and regulatory compliance. Our expertise includes: • Agency and distribution agreements • Alternative delivery models (e.g. joint ventures, alliancing) • Changes and change in law • Concession contracts • Design and manufacturing contracts • Contract and portfolio management • Data protection, confidentiality and intellectual property • Grants • Guarantees and indemnities • Outsourcing / contracting out of services (including complex facilities management) • Procurement • Pricing, payment and incentivisation mechanisms • Shared services • Supply of goods and services • Public infrastructure regulation (UK and EU) • Reorganisations/restructuring (eg novation, assignment and change in control) • Standard terms and conditions • Termination, exit and transition between suppliers. Case studies Ministry of Defence Advising on the Dreadnought nuclear submarine programme, a large and strategically significant programme in the UK defence sector. Our role includes advising on the contracting strategy and development and negotiation of the design and build contracts and the alliance agreement. We are also advising MOD on the naval nuclear propulsion programme supporting the negotiation, drafting and procurement of contracts with key strategic suppliers (including manufacture, design, research and technology and professional services contracts), as well as the MOD’s emerging programme to develop the UK’s first sustainable and enduring submarine disposal capacity. Foreign, Commonwealth & Development Office Advising on a new framework agreement for the delivery of confidential translation and interpretation services to UK government departments, EU institutions and other organisations. Birmingham City Council Advising on the impact of COVID-19 on the delivery of construction and engineering projects for the Birmingham 2022 Commonwealth Games, with a focus on non-performance of contracts for the supply of goods and services including force majeure events and frustration. Department for Environment, Food & Rural Affairs Advising in relation to its urgent procurement of food boxes for delivery to up to 1.5 million clinically vulnerable individuals during the COVID-19 pandemic, described by the Communities Secretary, Rt. Hon. Robert Jenrick MP as “an unprecedented package of support”. Back to contents Back to contents 9
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