Thomas MacSwayne

He regularly advises on standard form contracts including JCT, NEC, MF1 and NHF, and provides pragmatic-commercially focused advice tailored to the risk profile and procurement strategy of each project. Thomas’s experience also includes the drafting and negotiation of development agreements, bespoke alliancing contracts, facility management contracts, consultant appointments and collateral warranties.

Thomas is valued for his clear drafting style and his ability to translate complex contractual provisions into practical guidance for project teams.

Infrastructure experience includes:

• Police infrastructure projects
• Airport facility management contracts
• Major defence infrastructure projects
• Nuclear energy infrastructure projects
• Government - contracts for estate management and capital expenditure
• Local Authority - housing and infrastructure projects

Jurisdiction: England & Wales

• Police Authority - The preparation and negotiation of a schedule of amendments to a JCT Design and Build Contract for the refurbishment of an existing building into a new police station. The project required complex drafting in relation to site conditions, where potential works with an undefined Provisional Sum would potentially be instructed during the course of the Works.
• Major Airport – advising on the preparation of a NEC4 Facility Management Contract with a bespoke pricing and pain/gain mechanism.
• Defence Contractor – preparing and negotiating a deed of variation to a JCT Standard Build Contract (2016 edn) relating to a capital expenditure project. In addition to clause variations, it also settled several loss and expense claims.