Contractual

At the heart of every construction or engineering project is a contract, or in the case of large projects, a whole network of contractual relationships. The parties always hope that the contract can be carried out without problems or disputes and the best way of achieving this is by obtaining high quality professional advice from the earliest stage. This is especially the case where the tendering procedures are crucial, such as in those public sector and utilities projects subject to EU procurement rules or where the relationships between the participants are complex as in PFI/PPP Projects and where the parties are engaging in Partnering and Alliancing.

Contractual problems can occur during the carrying out of the work. It will be vital to resolve them as quickly and discreetly as possible, to avoid, or at least minimise, any disruption to progress. It may be that there is uncertainty as to the meaning or effect of a provision of the contract, which can be swiftly removed by obtaining the opinion of counsel.

If a dispute has arisen already, it is very likely that reference to Adjudication will be the course of action taken to obtain a speedy resolution, binding on the parties for the time being. Getting the right decision is dependent upon having access to the right level of professional advice and representation and an adjudicator in whom the parties have confidence.

The end of the project will not always bring an end to contractual disputes, typically over financial matters or quality issues. The contract will often have provision for Arbitration and, increasingly, a preliminary Alternative Dispute Resolution stage, although inevitably some contractual disputes end in Litigation.

As well as being experienced in avoiding and resolving contract disputes, Members of Keating Chambers include some of the UK’s leading experts on construction and engineering contracts. Keating on Construction Contracts (Sweet & Maxwell 8th Edition 2006), is the first port of call in the application of the law to building and engineering contracts, produced by a team of Chambers' authors.

This is just the most famous of many publications on contractual issues produced by Keating Chambers’ experts.

Further Information
For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.