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construction

 


experience

The following is a statement of FSP’s construction experience. The matters are described in general terms to protect confidentiality. The list is not intended to be exhaustive, but illustrative. Our specialist lawyers have an extensive range of experience in advising in this field. Please contact us for further information.
 


Sport

FSP acted for Reading Football Club on its relocation to the Madejski Stadium at M4 Junction 11. The new site had been a waste tip and the construction and environmental implications were significant. FSP was responsible for drawing up the contracts for the professional team and the other construction documentation. FSP was subsequently involved in the leasing of part of the site for the construction of a new hotel which involved further significant construction law issues.
 

Education

FSP acted on a project for the construction of a new City Academy in Reading, scheduled to open in September 2006. This has involved working closely with DfES and the professional team during a two-stage tender process. As well as being a highly exciting development which is expected significantly to regenerate the local community, the project has been characterised by a non-standard procurement route to which FSP has been required to find innovative legal solutions.
 

Environment
Agency HQ

FSP acted on a project involving the construction of a £4.1 million HQ building for the Environment Agency in Wallingford. FSP worked closely with the project manager and prepared and negotiated the terms of the professional appointments as well as the JCT Design & Build Contract, parent company guarantees and performance bond.
 

Charities

FSP acted for a charity housing disadvantaged people in the sale of its existing building to a developer and the construction by the developer of a number of new buildings in the grounds of the original house. The negotiations were protracted and involved a number of construction law issues throughout the period of development.
 

Energy industry

FSP has advised on a variety of construction and engineering disputes for a multinational energy facilities provider, in particular a major dispute relating to the construction of gas compressors on board a ship. A claim for £2.7 million was issued in the Technology and Construction Court. The case was referred to mediation following which a successful out of court settlement was achieved. The case was taken almost to trial with the mediation ultimately being successful about a month before trial. The claim concerned the design, manufacture and installation of compressors for a floating oil rig. There were alleged to be numerous highly technical faults in all aspects of the defendant’s work resulting in a multimillion pound claim and involving a lengthy Scott Schedule.
 

IT industry

FSP acted in a substantial dispute for a major software manufacturer concerning the construction and fitting out of its headquarters. Arbitration proceedings eventually culminated in a successful settlement. As the dispute involved multiple parties there were many issues involved in the case including electrical engineering, mechanical engineering, structural engineering, etc. The case involved a lengthy Scott Schedule and a very substantial amount of disclosure with numerous lengthy witness statements.
 

Friendly societies

FSP acted for the trustees of a Friendly Society in an agreement for lease and subsequent lease for the development of an urban site for the construction of 29 new flats. This involved the setting up of the programme for obtaining planning consent which entailed a considerable amount of liaison with the lessee’s architect, quantity surveyor and project manager with “hands-on” advice to the trustees and the members of their Society. FSP was also involved in negotiating the terms of a series of section 106 agreements and advising (with the assistance of the client's accountants) on the treatment of VAT and the timing of invoices. FSP was also involved in approval of the lessee’s building contract and collateral warranties given by the professional team. The project was complicated by the fact that the scheme included arrangements for the lessee to construct new club premises for the trustees on part of the site with a caretaker's flat.
 

Banks

FSP acted for a major clearing bank on a facility of £7 million secured on a residential development of a coastal site in the Isle of Wight. The site, which had previously been used as a gun battery and subsequently for holiday chalets, was situated on a cliff. There were preliminary issues of slope stability and possible contamination from previous naval uses. FSP’s role was to review the environmental and structural reports and to liaise with the developer's solicitors, architects, quantity surveyors and structural engineers as well as to deal with obtaining and negotiating collateral warranties.

FSP acted for a major high street bank on a loan facility of £4.2 million for the construction of a new industrial and storage building on a green-field site. This included approving the buyer's building contract and obtaining the benefit of collateral warranties with step-in rights for the lender. The transaction was complicated by the need to dovetail it with completion of a warehousing agreement with an overseas company.
 

Manufacturing

FSP acted for a manufacturing company on the acquisition of a new leasehold industrial building in the course of construction on a greenfield site in Oxfordshire. The company required many modifications to the initial specification in respect of the landlord’s works, and a number of specialist requirements in its own specification for tenant’s works. This involved obtaining the benefit of collateral warranties for the client and a considerable amount of liaison with the client’s quantity surveyor. FSP was also instrumental in negotiating the timing of the certificate of practical completion to suit the client’s production arrangements and the disposal of its previous premises.
 

Residential

FSP has acted on a variety of transactions for housing associations on either the sale or acquisition of development sites, including advising on development agreements, the acquisition of units on developments in the course of construction (including planning issues), development issues, set up documents, dealing with the management of the estate and other issues particular to housing associations.
 

Engineering

FSP regularly acts for an engineering/technology company on sub-contract terms under Design Build Fund and Operate (DBFO) contracts and negotiating the same.
 

Building contractors

FSP also regularly advises and prepares all types of building contracts for use in a variety of projects, ranging from standard forms of building contracts (such as the JCT and ICE forms) to terms and conditions of business and sub-contract terms for domestic contracts, as well as demolition contracts, collateral warranties, guarantees and bonds.