Construction and Engineering
BTO's team has extensive specialist experience in construction and engineering law. We, provide high quality, practical advice to our clients across the construction and engineering industry, including the renewable energy, real estate, retail and leisure, transport, education, insurance, charities and social housing sectors.
We are committed to working in close partnership with our clients, providing procurement and contract advisory advice and support from project inception through to completion. When disputes do arise, we provide informed commercial advice with clear strategic actions to achieve the best solution for you in good time and on budget. We represent clients in court and in alternative methods of dispute resolution including adjudication, mediation and arbitration.
Within the team, we have a wealth of experience of acting in complex construction and engineering claims for insurers and their insureds.
The team is also unique in our comprehensive knowledge of construction industry contracts and appointments through our involvement in drafting the SBCC 2005 suite of contracts, through the 2009 and 2011 revisions and our ongoing responsibilities for current revisions. We are part of the consultation group for PPC contracts and were involved in drafting the PPC Scotland contracts.
Clients comment that the team is “very user-friendly and approachable” and is “very knowledgeable, gives balanced advice and is proactive." (Chambers UK)
Our team provides a diverse range of services and solutions to clients including:
- Assist employers, developers, contractors, consultants, funders and other industry parties in connection with projects throughout the country:
- Drafting and negotiating building contracts and consultants’ appointments, including amendments to standard forms
- Advising development funders, purchasers and tenants on risk mitigation and a comprehensive package of rights
- Preparing and reviewing collateral warranties, bonds, guarantees and performance bonds
- Providing guidance on and interpretation of building contracts and consultants’ appointments
- Promoting early resolution using expert determination and early neutral evaluation
- Advising on disputes involving issues such as payment, final accounts, extensions of time, challenges to certification and construction defects
- Representation in mediations, adjudications, expert determinations, arbitration or court proceedings
- Advising on procurement routes for projects and the most suitable contractual structures
- Advising on best practice under the European and Scottish Procurement Regime
- Health and Safety compliance and claims
- Insolvency advice
"They give clear answers and are always at the end of the phone." (Chambers UK)
Contacts:
Fraser Hopkins Partner fho@bto.co.uk T. 0141 221 8012
Click here for a brief guide to the differences in construction contracts governed by Scots law -Procurement Update: Click here
Experience
- Membership of construction focused committees
Member of the Scottish Building Contract Committee (SBCC) Committee and Drafting Sub Committee.
- Acting for SBCC
In preparing Scottish versions of the JCT 2005 suite of contracts and revisions including the 2009 Revision and the 2011 Edition.
- Creation of industry standard documents
bto prepared the ACE 2009 Scottish Appointments.
- Advising on European procurement issues
In relation to framework contracts with public authorities and RSLs.
- Advising re professional negligence claims
Acting for insurers in claims involving professional negligence in relation to engineers, architects, planning consultants and surveyors.
- Acting for private individuals in claims
Including against engineers, architects, contractors and sub contractors.
- Recovery of payments
Representing employers, contractors and consultants in claims for recovery of payment.
Acting for administrators in the administration of insolvent contractors.
- Multi party disputes
Acting for insurers in complex multi party disputes relating to damage to property and defects.
Advising Adjudicators and parties in adjudications.
- Advising Adjudicators and parties in adjudications
Represented water treatment plant engineers in a series of adjudications in relation to claims for delay in several projects across the Western Isles.
- Seminars and training
Present seminars to large civils contractors, consultants and other construction professionals particularly through RICS.
