Construction Law

Gullands construction group acts for a wide range of construction industry clients including developers, main contractors and sub-contractors.

Here are some examples of cases where members of Gullands construction group have advised or represented construction and building industry clients:-

Construction – Contractual and payment disputes

• Debt recovery and outstanding cost disputes under building contracts.
• Bringing and defending breach of contract claims, eg involving

delay or workmanship and performance issues.

• Quantifying and presenting claims.
• Alternative Dispute Resolution (ADR).
• Settlement negotiations.
• Court and Trial preparation.
• Enforcement of Awards, insolvency and bankruptcy.

We advise clients on alternatives to court proceedings (ADR), such as Mediation, Arbitration and Adjudication.

Construction – Building related litigation and dispute resolution

• Recovery claim for freeholder’s insurers following damage to new apartments from defective plumbing installation.
• Defending personal injury claim against concrete supplier due to worker cement burns.
• Advising householder on subsidence related dispute with insurers and dealings with neighbours.

Construction – Commercial and contractual

• Completing standard JCT Contracts.
• Drafting and negotiating amendments to standard JCT Contracts.
• Drafting Stand Alone Development Agreements, Agreements for Lease, Forward Purchase Agreements, Forward Funding Agreements.
• Advising on long leasehold sales of new build industrial units, to include agreements for lease, leases and provisions relating to new build issues, snagging, collateral warranties and new build guarantees.
• Advising developer in connection with agreement for lease with landlord works and lease for occupation by anchor tenant on industrial site.
• Preparing deeds of variation in connection with existing leases on industrial site.
• Assisting with industrial site set-up to include deeds of easement for access and drainage rights to facilitate construction works.

In both our disputes and advisory work, clients may require input from other construction professionals. We therefore work with quantity surveyors, surveyors, construction consultants, H&S consultants and specialist barristers. We help our clients select the right construction professionals and experts to offer solutions to all their needs. 

Construction – Health & safety, regulatory and criminal advice and representation

• Principal contractor refurbishing sites for a national chain in HSE prosecution following life changing fall.  Starting point fine of £250,000 reduced, following representations to the HSE and at court. 
• Contractor charged under CDM following asbestos fibre release on school premises.
• Escalator maintenance company prosecuted under HSWA after a step was missing from a moving escalator, causing injury.
• Representing family of a scaffolder killed due to fall from height, at inquest and in a fatal accident compensation claim.
• Representing contractor charged with gross negligence manslaughter after a wall collapse.
• Advising director facing investigation for alleged procurement fraud involving a public body.

Gullands criminal and regulatory team advises across a wide range of investigations and prosecutions

Andrew Clarke advises on construction site accident claims, health & safety investigations and prosecutions.  Andrew has delivered seminars to construction audiences eg on sentencing principles, asbestos prosecutions and the Building Safety Act 2022.