Residential construction

We work closely with our clients to help them navigate their way through a competitive and changing marketplace.

We provide a full life cycle of advisory service in this sector and have particular experience of advising projects which utilised Modern Methods of Construction (MMC) including modular construction. Our clients include affordable housing providers, local authorities, residential developers (including build-to-rent) and local and national housebuilding companies.

Our advice includes:

• pre-procurement advice on the advantages and disadvantages of different procurement methods (including construction management, management contracting, traditional and design and build procurements);
• providing advice on joint venture and consortium arrangements in conjunction with our real estate, corporate and tax colleagues;
• drafting and negotiating building contracts, consultant appointments, development management agreements, sub-contracts, performance security and financial guarantees;
• providing a full range of dispute resolution support, including providing ‘behind the scenes’ strategic advice as well as support with mediations and other ADR, adjudications, litigation and arbitration.
• dealing with claims and recourse under insurance backed warranties (e.g. NHBC, Premier)

We are also aware of the increasing pressures on those operating in this sector, as the topic of building safety and questions of liability for defects dominates the headlines. We advise clients on how to deal with questions of building safety from the outset, through bespoke contractual arrangements, as well as providing advice on questions of liability for historic defects and how to manage these risks.
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• Advising an affordable housing provider in relation its joint venture with a commercial housebuilder for a £400m development of 700 mixed-tenure homes. We advised on all aspects including advice on procurement method and proceeding with a construction management procurement.
• Representing the investment and development arm of a major Registered Provider on the construction aspects of a development and part disposal of its landmark £140m+ residential property development (575 residential units including 174 affordable apartments) in Southall, London, to the UK's largest listed residential landlord. This involved negotiating contracts/appointments with multiple parties with varying interests, and assisting the RP with their internal governance process and approvals.
• Represented a local authority in High Court proceedings, successfully settling a dispute worth over £10m in the mediation process which related to a 7-year term maintenance partnering contract for repairs and maintenance of the authority’s housing stock. There were multiple disputes between the parties including claims related to legally and technically complex issues regarding payment, defective works concerning fire safety issues and services as well as the interpretation of the Contract and Employment issues relating to TUPE when the contract was transferred to another contractor on expiry of the term.

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