Arbicon ADR Ltd
RICS

Non-Contentious Contract Services

As construction professionals and masters of resolving every kind of construction dispute or problem with years of experience, Arbicon are most qualified to provide the best possible advice in preventing problems.

Management of risks and drafting contracts and documents for any building or civil engineering project is essential planning at the contract stage and it is fundamental that it is right first time.

The risk of design failure, late delivery, escalating construction costs and legal costs spiralling out of control will be reality if the project is not planned at the start.

Arbicon are a specialist "one stop shop" for the whole contract procurement process.

Contract Writing Services

Arbicon are a niche firm who are both Chartered construction professionals, who are also dual qualified in construction contract law and leaders in construction dispute resolution. It follows that Arbicon are the best option for writing any Construction Contract and a practical alternative to using a lawyer who is likely to have never set foot on a building site and thus understand construction.

Examples of non-contentious Arbicon services include:

Construction Contract Procurement:

  • Suitability of Standard Form (e.g. which suite of JCT or NEC form)
  • Content of Clauses (Omit and Add)
  • Articles of Agreement - Ensure process and rights are properly established
  • Amendments - Transfer risks and take more power
  • Sub Contracts and Specialist procurement without risk
  • Warranties, Bonds and Guarantees
  • Collateral Warranties
  • Scope, Time and Price accurately identified by QS Professionals
  • Letters of Intent

Pre-Contract Document Procurement and Management for Construction Contracts:

  • Cost Planning
  • Design Procurement - Consultants and/or Contractors design
  • Drawings & Specifications
  • Programmes and Time Management Planning
  • Pricing Documents - writing: Bills of Quantities
    • Specification Writing
    • Schedules of Works
    • Schedules of Rates
  • Planning & Building Control
  • Employers Requirements
  • Contractors Proposals
  • Health & Safety/CDM Documentation

Statutory Obligations and Document Management

Statutes cannot be negotiated and term or condition that does not comply with a Statute will be void.

It is important that in writing the contract it must comply with all relevant legislation otherwise there is a risk of falling foul of the rules.

Arbicon are experts in the workings of all the relevant statutes that can affect construction contracts and will provide essential advice in the consultation provided. Below are examples of Statutes that impact on construction contracts. If your current lawyer has not discussed these with you then beware. The essential list of Statutes below is not exhaustive there are numerous other statutes to be aware of include those relating to utilities, insolvency, planning, fire, companies, fraud, misrepresentation, consumers, public contracts, site waste, employment, taxation, noise, party walls, environment, pollution, health and safety, which impact all of us. The essential statutes to be aware of are:

  • The Housing Grants Construction and Regeneration Act 1996.
  • The Local Democracy, Economic Development and Construction Act 2009.
  • The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011.
  • The Late Payment of Commercial Debts (Interest) Act 1998.
  • The Late Payment of Commercial Debts Regulations 2013.
  • Construction (Design and Management) Regulations 2015.
  • Construction Contracts (England) Exclusion Order 2011.
  • Building Regulations 2010.
  • Arbitration Act 1996.
  • Consumer Rights Act 2015.
  • Bribery Act 2010.
  • Contracts (Rights of Third Parties) Act 1999.
  • Architects Act 1997.
  • Supply of Goods and Services Act 1982.
  • Limitation Act 1980.
  • Unfair Contract Terms Act 1977.
  • Latent Damage Act 1986.
  • Defective Premises Act 1972.

Please contact Arbicon to discuss or make an appointment to assist you with all your non-contentious contract writing and advice.

Call us on 01733 233737  Peterborough

0207 406 1494 London

0121 262 4086 Birmingham

Or email us via our contact form here.