Contract Drafting
We work with client organisations to draft their main contracts and consultancy appointments. We also work with main contractors, sub-contractors and consultants to draft their sub-contracts.
When drafting contracts for our clients, we use our years of general advice, negotiation and dispute resolution experience to draft contractual provisions which represent best practice and which reduce the likelihood of disputes arising. We also work closely with our clients to ensure that the contracts we draft are seamlessly integrated into their existing commercial and operational systems.
We have experience in drafting and amending all forms of standard construction contract – including NEC, JCT, FIDIC, RIBA, IChemE and RIAI. We also regularly draft bespoke contracts for our clients when using a standard construction contract is not appropriate.
Drafting Services for Client Organisations
Our advice in this area typically starts by advising client organisations on their procurement and contract strategy at an early stage. This involves getting to know the project specific constraints and the stakeholders involved.
Informed by our clients’ strategic decisions, we draft the necessary contract documents required. This includes the drafting of some or all of the following:
- Pre-construction services agreements.
- Consultancy appointments.
- Schedules of modifications to standard form construction contracts such as NEC, JCT, FIDIC, RIBA, IChemE and RIAI.
- Entirely bespoke contracts when using a standard construction contract is not appropriate.
- Drafting ancillary contract documents, including:
- Collateral warranties
- Parent company guarantees
- Advance payment and performance bonds
- Design novation agreements.
In addition to carrying out the drafting work, we also support our clients by providing ongoing advice during the procurement and negotiation phase. We also provide advice throughout the lifecycle of the project.
Drafting Services for Contractors, Sub-contractors and Consultants
It is best practice for main contractor, sub-contractor and consultancy organisations who regularly sub-contract works and/or services to have their own standardised suite of sub-contract documents. This has the following benefits:
- Enables sub-contract packages to be placed on a “back-to-back” basis which reduces risk exposure and promotes the ability to pass claims up the line.
- Makes it easier and less time consuming for commercial staff to draft sub-contracts.
- Reduces sub-contract negotiation time, especially if the same suppliers are being used across multiple projects.
- Reduces the chances of key sub-contracting requirements being missed.
- Enables standardised commercial templates to be used across all sub-contracts, including payment notices and pay less notices.
- Enables lessons learned on problematic projects to be easily implemented on future projects.
Valued Added Extras
In addition to carrying out the initial drafting work, we support our clients in using their newly drafted contracts in the following ways:
- We provide training to commercial staff on how to “fill in” their contracts to effectively transfer risk downstream.
- We provide “guidance notes” for each clause so that our clients understand what it aims to achieve, and how it could be negotiated if required.
- We provide updates to the contracts we have drafted if and when the law changes. We do this free of charge.
Get in touch today
Would you like a free consultation? Submit your details here and we will arrange a call.
"*" indicates required fields
More Construction Law services
Sign up to our newsletter for relevant legal updates
We regularly report on developments in case law, contractual best practice and construction specific legal updates