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construction |
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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. |
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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. |
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| 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. |
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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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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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. |
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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. |
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