YOUR CONSTRUCTION & PROPERTY LAW EXPERTS

CONSTRUCTION

REAL ESTATE

ADDITIONAL SERVICES

INTRODUCTION

At Silver Shemmings Ash we have the skill and resources to take any development project through every stage of its life cycle, from acquisition of the site, contract review, procurement and tendering through build and project management to the eventual sale and

letting of the completed development and facility management contracts and advice - we offer a ‘cradle to grave’ service

From inception to completion of any project

CONSTRUCTION

We offer a full range of legal services for construction lawWe have a team who understand the pressures our clients operate under in the construction industry both nationally and globally. We strive to provide clear, practical and innovative commercial advice and solutions to both private and public sector clients on all types of projects and construction related matters, whether in relation to large scale projects or disputes involving factual and complex contractual issues

A number of our lawyers and consultants are dual-qualified – Solicitors and Barristers from a technical background (Chartered Surveyors, Quantity Surveyors, Civil & Structural Engineers). We have first-hand experience of the challenges faced by our clients and the knowledge to help overcome them and we offer advice across a range of legal disciplines, including:

• Contractual issues at project initiation and set-up

• Tendering process

• Procurement and regulatory issues

• Drafting and advising on standard forms and bespoke building contracts, professional appointments, collateral warranties, bonds, parent company guarantees

• Advice on project management issues

• Insolvency

• Health and Safety

• Dealing with Construction Claims and Payment related issues

• Dispute Avoidance and Dispute Resolution including negotiation, conciliation, adjudication mediation, arbitration and litigation

• Environmental Claims

• Party Wall Disputes

Our clients have found our understanding of the many standard forms of contracts to be invaluable and a number of our lawyers are recognised experts on the many standard forms of contract used including JCT, NEC and FIDIC, lecturing regularly both nationally and internationally

CONSTRUCTION

Contracts & Procurement We offer legal and commercially practical advice in the construction, engineering and procurement sectors

Our vast construction industry experience means that we are perfectly placed to give you the best service possible. We understand that every project is unique as are the commercial, factual and legal matrices related to that project

We are able to give you a first-rate, comprehensive service to help your project run smoothly and successfully from inception to handover at the end of the project

We are able to provide advice on the best forms of contracts to use, and to provide you with bespoke contract documents in respect of a project or, amendments to the standard forms of contract, warranties, and other service or professionals agreements to ensure that these reflect the terms reached. We can also advise you in respect of the draft project documentation when tendering for projects

Our team, many of whom are dual qualified has experience in the following sectors:

• Aviation

• Building

• Civil Engineering including civil marine

• Process Plant installation

• Petrochemical

• Maintenance and Measured Term contracts

• Railway including underground

• Tunnelling

• Water and Gas

• Offshore Rig construction

We aim to give you a first-rate, comprehensive service that will enable your project to run smoothly and successfully from start to finish

• Wind Turbines

• Overseas including European Union and the Middle East

• Environment

• Insurance

• Marine

• Shipping

• Aviation

• Student Accomodation

CONSTRUCTION

Construction Claims Time & Money

The aim for all construction projects is to complete on time and on budget. Sadly - it’s an aim rarely achieved. Failure can result in claims that are both complex and expensive

Our experienced specialist solicitors and consultants are perfectly placed to help you with your construction claims, including –

• claims for loss and expense

• claims for time extension and contract variations

• employers’ claims for delay and disruption

• work defects

• liquidated damages

• claims for professional negligence

For your claim to succeed, you need fast, realistic advice, based on all the legal and commercial considerations. Our services include advice and guidance on –

• the merits of the case – whether or not it’s wise to proceed

• notice submission, applications and record keeping

• heads of claim, including the evaluation process

• the best course of action for the earliest and most satisfactory resolution

• preparing and formulating claims

• consideration of the relevant documents and back up

• the content of claims where mediation, adjudication or arbitration are needed

We’ll also carry out –

• preparation of delay programmes for analytical and presentational purposes, schedules (time slice analysis), analysis of cause and effect

• negotiations regarding settlement

• drafting of settlement agreements

• cost-effective management of disputes and continuity of approach

Top Tips to avoid a claim

“We can assist you in instructing the best experts to advise you”

CONSTRUCTION

AdjudicationConstruction Adjudication

Are you involved in a Construction dispute?

There’s every chance that the process of Adjudication will provide the best means of resolution. Many standard contracts, sub-contracts and Consultants Agreements provide for this arrangement and The Housing Grants, Construction and Regeneration Act 1996, along with its subsequent amendments, deal with the Adjudication process

The great benefit of Adjudication, as opposed to Arbitration or Litigation, is that, being relatively fast and cost effective, it’s ideal for many smaller disputes. There are also instances when Adjudication suits larger disputes too

Our lawyers have been at the forefront of Adjudication since its earliest days in May 1998. We’ve advised and guided many clients through the process. Furthermore, both the Royal Institution of Chartered Surveyors and the Chartered Institute of Arbitrators consistently appoint us as Adjudicators

To be effective, Adjudication needs to be fast and responsive from start to finish – from initial advice through preparation, to final submission – this is our speciality. Our people enjoy massive Adjudication experience in the Construction Industry. This gives the flexibility and know-how you need to resolve your dispute quickly, efficiently and cost-effectively

Our lawyers have been at the forefront of Adjudication since its earliest days in May 1998

CONSTRUCTION

Adjudication Lifecycle

Pre-Action

Adjudication Procedure

Challenges/ Enforcement

• Is there a Construction Contract?

• Is it subject to the Housing Grants Construction and Regeneration Act 1996 (the “Act”)?

• Is the dispute ready to be referred to adjudication?

• What rules will apply to the adjudication?

• Serve Notice of Adjudication

• Appoint Adjudicator

• Prepare Referral Notice

• Assess Response

• Deal with Adjudicator’s requests

• Consider Decision

• �Dealing with challenges

• �Enforcing the Decision

• �Enforcement proceedings

• Resolution

• Identify and manage issues

• Consider payment notices

• Resolve the dispute without recourse to adjudication

• Consider Contract’s adjudication terms

• Receive Notice of Adjudication

• Assess whether the Adjudicator has jurisdiction

• Assess Referral Notice

• Prepare Response

• Deal with Adjudicator requests

• Consider Decision

• Challenging the Decision

• �Basis of challenge

• �Cost consequences

• �Final resolution

• Advice on:

• Operation of Contract;

• Whether you should Adjudicate

• What your chances of success may be

• Provide you with national coverage.

• Advice on:

• Technical legal issues

• Procedural issues

• Pleading your case

• Reduce disruption to your business

• Support throughout the entire process

• �Advice on:

• Possibility of challenges

• Resisting enforcement

• Costs

• Commercial settlement

An Adjudicator reaches a decision within 28 days of referral of the matter or such longer period as is agreed by the parties after the dispute has been referred; The Adjudicator can extend the period of 28 days by up to 14 days, with the consent of the party by whom the dispute was referred

Referring Party Responding Party Silver Shemmings Ash Expertise

CONSTRUCTION

Dispute Resolution Few people enjoy legal disputes, they can be stressful, time consuming and expensive - even when you win

So we use our experience and judgement to advise you as to what’s legally practical and commercially sensible

Our expertise enables us to give you first-rate, down to earth guidance in respect of commercial, construction and property disputes and which would be the best option to follow. Some disputes are best suited to adjudication, such as payment issues, whereas other types of disputes are more suited to being settled by way of a negotiated settlement such as through mediation, which is a very successful form of dispute resolution and one favoured by the courts. With our experience we can guide you through the options available, so you make the best choice based on the type of claim, the amount in dispute and the potential costs of not settling

We have considerable experience in the following:

• ADR including conciliation

• Adjudication

• Mediation

• Arbitration

• Litigation including enforcement of Adjudicators’ decisions

A number of our Lawyers and consultants are dual-qualified – solicitors and barristers from a technical background (Chartered Surveyors, Quantity Surveyors, Civil & Structural Engineers). They have worked in the Construction Industry in the past and so truly appreciate the challenges faced by those involved in this sector

CONSTRUCTION

Our philosophy is that the primary objective must always be to avoid a dispute

To this end, we can provide advice at the inception of a project including the use of the most appropriate form of standard contract, drafting amendments to contracts, partnering arrangements and the setting up bespoke agreements

However, despite the best of planning, disputes can still occur and therefore a large element of our work involves assistance during and after the construction process, trouble shooting as well as advising on the dispute resolution process and we have considerable experience in dealing with all forms of Construction Litigation Claims, Arbitration, Adjudication and Mediation. We seek to provide our clients with not just practical legal advice, but also commercially sensible and viable solutions

Construction Litigation

We are highly experienced in construction disputes. Some of our areas of expertise include:

• Interpretation of agreements including construction & commercial agreements

• Valuation of works and variations

• Analysis of extensions of time claims

• Assessment of loss and /or expense claims

• Professional negligence claims

• Defects claims

• Environmental claims

• Freezing injunctions

• Enforcement of Adjudication

We have represented our clients, including as Advocates, in the Technology and Construction Court in a vast range of claims including disputes on collateral warranties, defects, final accounts, variations, delay & disruption, loss & expense, extension of time and even making applications for injunctions preventing the call on bonds or seeking freezing orders to restrain opponents from dissipating any of their assets

We have experience in working with the Courts, both High Court and County Court as well as dealing with appeals in the Court of Appeal and the Supreme Court. Most of our work is done in the Technology and Construction Court (TCC) which is a specialist Court dealing with complex construction claims

We have been involved in a number of leading cases including:

• Aspect Contract (Asbestos) Ltd v Higgins Construction plc

• Harding (t/a MJ Harding) v Paice & Another

• Beumer Group v Vinci Construction UK

• Fileturn Ltd v Royal Garden Hotel Ltd

• Glendalough Associated SA v Harris Calnan Construction Co Ltd

Litigation

CONSTRUCTION

Our experience also covers:

• claims for breach of contract, valuation claims, loss and expense and delay claims

• professional negligence including claims against engineers, architects, quantity surveyors, and project managers

• insolvency matters including statutory demands, and winding up petitions

• breach of warranty

• debt collection

• product liability claims

Our experience includes claims relating to:

• agency disputes

• banking litigation

• commercial disputes

• construction disputes

• contract disputes

• company/corporate work

Litigation (Commercial)And business issues including:

• shareholder disputes

• debt recovery

• injunctions

• insurance policy disputes

• insolvency including issue of statutory demands

• winding up and bankruptcy

• intellectual property

• I.T. disputes

• partnership issues

• professional negligence

• product liability claims

• property disputes

In all cases, we will take the issues as you see them and place these within a legal and commercial framework in order to be able to agree the most fitting way forward with you

Litigation Funding

Litigation can be an expensive business. At Silver Shemmings Ash, we aim to control the cost to our clients in litigation. Our approach is to provide a value for money service and an effective way of managing our client’s costs is to consider the risks associated with litigation as well as providing detailed cost estimates before and during an on-going court case. We can also advise our clients on obtaining before the event insurance, after the event insurance and third party insurer funding to cover the risk of having to pay an opponent’s costs

CONSTRUCTION

‘Professionals’ are not always as professional as you might wish them to be

To err is human, but when a professional gives bad advice to a client, the consequences can be disastrous. Examples include:

• Your Architect makes a mistake in a drawing

• Your Engineer makes a miscalculation

• Your Contractor uses inappropriate materials in construction

• Your Quantity Surveyor makes inadequate provision in cost control

• Your previous Solicitor missed a crucial time limit set by the court

• The same Solicitor makes the wrong judgement about the type of claim you are entitled to bring

Recent years have seen a rise in professional negligence claims. Our specialist lawyers are hugely experienced in the construction industry, their expertise lies in dealing with professional negligence claims against professionals such as:

• Surveyors

• Architects

• Engineers

• Project Managers

• Quantity Surveyor

Duty of Care

To be successful in a professional negligence case, you need to show the court or tribunal that

1. the defendant professional owed you a duty of care

2. the professional had breached that duty of care

3. as a result, you had suffered losses

The types of duty of care vary from one profession to the next. They may also be owed to third-parties

Complex and delicate cases – how we help

Making a claim for professional negligence can be complex, stressful and costly

In the field of construction, there are many areas where a claim might be valid. Examples include:

• Failure to design the works in accordance with their appointment

• Failure to supervise or project manage the works in accordance with their appointment

• Failure to ensure the contractor built the works in accordance with contract

• Negligent certification of the works

We’ll help you to decide whether the professional has been legally negligent. If the answer is ‘yes’, then we’ll help you bring a professional negligence claim and advise you on legal liability, causation and loss

Professional Negligence

REAL ESTATE

Property ServicesOur Real Estate team have a wealth of experience in dealing with developments, commercial and residential property. We act for a wide range of clients including high net worth individuals, UK and international developers and financial institutions

We strive to provide a high quality service by developing a close working relationship with our clients, this allows us to fully understand our clients’ needs and tailor our services to achieve the best results

Key areas the Real Estate Team can advise on include:

• Commercial property – Freehold and Leasehold acquisitions and disposals

• Residential acquisitions and disposals for domestic and international investors and residents

• Small and large scale development projects, including residential and mixed use schemes

• Property development for a range of commercial users

• Asset management

• Party Wall Issues

We strive to provide a high quality service by developing a close working relationship with our clients

REAL ESTATE

Prime Residential Property We deal with all aspects of conveyancing transactions in prime residential London and we are committed and dedicated to providing a bespoke service for our clients

We understand that the fast paced property market can be at times overwhelming, but we are here to guide our clients through the process, every step of the way

We have a proven track record and are continuously recommended by London’s most prestigious Estate Agents. We strive to ensure that property transactions run as smoothly as possible and in a timely manner, by keeping our clients informed throughout, answering any queries that may arise and by being upfront and transparent in relation to costs

We take a proactive approach to ensure that our clients’ desired results are achieved and the team are known for their pragmatic approach to complex problem solving and commercial astuteness

Key areas that we advise on include:

• Buying a property – Freehold and Leasehold

• Selling a property – Freehold and Leasehold

• Buying a property ‘Off-Plan’ and assignment

• Buy-to-let

• Probate sales and transfers

• Re-mortgaging

• Transfer of equity and gifts of property

• Lease extensions

We take a proactive approach to ensure that our clients desired results are achieved

REAL ESTATE

Off-Plan ConveyancingBuying a property ‘off-plan’ can present challenges, however, our team of specialist solicitors can guide you through the process

We advise on all aspects of buying properties off-plan, explaining the process in plain English. We work closely with all parties involved to ensure that the transaction proceeds to completion smoothly

In most cases, exchange of contracts and payment of deposit take place before the property is built, with completion following usually some several months later. This can initially be somewhat daunting, but we will ensure we keep you informed at every stage

Assignments

We can advise on the assignment of ‘off-plan’ properties before the property is finished and before completion has taken place. We listen carefully to what the client wishes to achieve, ensuring that the client understands the process from A to Z

We also advise clients who wish to purchase ‘off-plan’ properties from the original purchaser or subsequent purchasers. This can be complex, however we will ensure that you are fully informed before proceeding with such a transaction

We strive to provide excellent client care and a service that is personable, friendly and informative

We listen carefully to what the client wishes to achieve, ensuring that the client understands the process from A to Z

REAL ESTATE

Landlord & Tenant IssuesThere are many issues that can arise when you own, let and/or manage properties

Key areas that we deal with include:

• Leases and tenancy agreements

• Lease renewals

• Licences to alter

• Licences to assign and underlet

• Deeds of variation

• Surrenders

• Guarantees and rent deposits

• Service of break notices and notices to quit

• Termination of leases / applications for possession

• Business lease renewal

• Dilapidations

• Forfeiture of leases

• Recovery of rent arrears

• Service charge disputes

• Rent review disputes

• Landlord and tenant breaches of covenant

• Options on tenant insolvency

• Orders for sale of land

• Rights of way

• Rights of light

• Nuisance issues

• Rectification of title issues

• Adverse possession

• Trespassers

ADDITIONAL SERVICES

We are now able to offer services in the Insurance, Marine, Shipping & Aviation Sectors

Insurance is an integral part of the Construction industry – JCT contracts would not function without the relevant insurances in place. Ensuring that the correct insurance is in place also saves businesses – correctly placed it will provide cover to businesses in respect of unexpected and unforeseen events. It is important therefore to review insurances regularly and ensure the policies cover the company’s needs

Jon Sharp can assist you with all aspects of insurance. In the event that an insurance policy does not respond, Jon can assist you in providing a solution

Jon is a expert in the fields of Marine and Aviation, with over 30 year’s experience and can advise you in respect of the matters listed below, with practical advice based on his knowledge and expertise

Insurance

• Dispute Resolution

• Mediation

• Arbitration

• Policy Wording Advice

• Claims Advice

• Regulatory Advice

• Training & Seminars

Marine & Shipping

• Collision

• Demurrage

• Port Risks

• Cargo Claims

• Salvage

• LMAA Arbitration

• Ship Arrest

• Other Forms Of Marine Arbitration

• Insurance Advice

Aviation

• Total Loss

• Insurance Advice & Claims

• CAA Investigations

• Aircraft Arrest

• Lease Disputes

• Engine Ingestion Claims

Insurance, Marine, Shipping & Aviation Services

ADDITIONAL SERVICES

Seminars & TrainingA full range of CPD Training and Seminars designed to increase knowledge and improve performance in relation to our specialist areas of Construction & Property

We regularly hold full-day training courses for our clients, and we also host complimentary Breakfast Seminars throughout the year. We regularly lecture on behalf of RICs, CIArb, BITA & the Princes Trust

Training And Seminars

Silver Shemmings Ash offer the following training formats and our Presenters are experts in their field

Breakfast Seminars

These Seminars are free to attend and take place in London, starting at 8.15am (registration from 7.45am) and finishing at approximately 9.30am. We normally run two different topics a month and each attendee receives a CPD Certificate and digital copies of the Seminar notes are available if required. Full details of all upcoming events are available on our website

Half & Full Day Programmes

The per person cost is £175 plus VAT (half day) and £295 plus VAT (full day), which includes refreshments and all materials required. We normally run one of these a month and each attendee receives a CPD Certificate and digital copies of the Seminar notes are available if required. Full details of all upcoming events are available on our website’

Evening Seminars

These Seminars are free to attend and take place in London, starting at 6.15pm (registration from 5.45pm) and finishing at approximately 7.30pm. Our Evening Seminars cover more niche topics, including latest contract updates and recent case law amendments for example. Each attendee receives a CPD Certificate and digital copies of the Seminar notes are available if required

These Events can be booked via our online booking page or you can email seminars@silverllp.com to book a place. Our 2019 Seminar Schedule is now available

In-House Training

We can tailor our standard programme outlines to ensure we cover your key areas and achieve the required outputs. We can also tie in specific contracts or issues experienced by your team, with step by step resolution for these, the level of detail you require will denote the duration of the programme

We have extensive experience in lecturing on any construction law related subjects. Our training courses include reviews of the forms of the standard forms of contracts including JCT, NEC and FIDIC, dispute avoidance, dispute resolution and claims preparation

The cost for this type of training is dependent on duration and level of detail required but will include all materials / workbooks required for 10 – 20 people (larger numbers can be accommodated, dependant on the required Agenda), at a location of your choice (we can advise or book on your behalf if required), each attendee receives a CPD Certificate and digital copies of the Seminar notes are available if required

We also issue a monthly Newsletter (via email), detailing upcoming events and Seminars and our 2019 Schedule is now available, if you would like to receive a copy of the Newsletter please contact Julie Camp on seminars@silverllp.com or check our website, www.silverllp.com for more information

If you are interested in having an In-House Event please contact Julie Camp on 0207 167 6602 or email juliecamp@silverllp.com

CONTACT INFORMATION

Contact Information

Henry Hathaway, Construction Partner henryhathaway@silverllp.com

Richard Silver, Senior Partner richardsilver@silverllp.com

Ryland Ash, Managing Partner rylandash@silverllp.com

Niall Boland, Property Partner niallboland@silverllp.com

Silver Shemmings Ash

35 Great St Helen’s, London, EC3A 6AP

Tel: 020 7167 6602

Web: www.silverllp.com Twitter: @SilverShemmings

Silver Shemmings Ash LLP is a limited liability partnership registered in England and Wales | registration number OC306521 | registered and principal office is at 35 Great St Helen’s, London, EC3A 6AP The firm is authorised and regulated by the Solicitors Regulation Authority, registration number 00398875. Our professional rules may be accessed at: www.sra.org.uk/solicitors/code-of-conduct.page. A list of members’ names is available for inspection at our registered office. Additional terms and conditions are available on our website.