Construction Solicitors & Engineering Lawyers

We cover both dispute resolution and general construction legal advice in addition to drafting and negotiating all levels of project documentation.

Our Services

We act for a broad range of clients across the building and engineering sectors, including developers, contractors, subcontractors, professional consultants, property owners, insurers and banks.

This experienced team provides a full range of contentious and non-contentious expertise in the following areas:

  • Adjudication
  • Alternative dispute resolution
  • Appointments for consultants
  • Arbitration
  • Bonds and guarantees
  • Building finance agreements
  • Collateral warranties
  • Compromise agreements involving complex variations to contract documents
  • Conservation projects
  • Expert determination
  • Insolvency related to construction contracts
  • Joint venture and partnering
  • Litigation
  • Mediation
  • Novation agreements
  • Procurement strategy
  • Tender documentation
  • TCC litigation matter

The Team

We understand the industry and are able to identify, assess and manage the risk at an acceptable level of legal cost. With claims in particular, wherever possible, we aim to minimise legal costs and avoid unnecessary courtroom battles. We have a commercial approach to all aspects of construction projects from its inception to final development.

We have worked on many high-profile developments, including:

  • The University of York’s National Science Learning Centre
  • York St John University’s De Grey Court
  • York Minster’s Great East Window Project
  • National Railway Museum’s Yorkshire Wheel
  • Barcelona’s Marino Aquarium
  • Westminster’s London Aquarium County Hall
  • Rudding Park, Harrogate
  • Guild Hall, York

The construction and engineering department is listed as a centre of excellence in the 2013 edition of the Legal 500 and was the only York-based law firm of solicitors to feature in the Yorkshire and Humberside region.

Who We Work With

Clients include end users (such as purchasers and tenants), developers, funders, main contractors, consultants and subcontractors. We advise on claims involving arbitration, adjudication, litigation, mediation, and alternative dispute resolution (ADR) on topics such as:

  • Non-payment
  • Design workmanship and materials issues
  • Extension of time, related loss and expense and liquidated damages
  • Negligence
  • Express and implied terms
  • Contractual statutory and common law liability risks
  • Misrepresentation
  • Abatements set off counterclaims
  • Compliance with the Construction Act 1996 (as amended)
  • All civil contentious issues related to construction and engineering and renewables contracts

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Accreditations / Awards

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Frequently Asked Questions

What is My Best Remedy for Non-payment?

If you have a written contract, read it carefully and ensure you have an entitlement to suspend performance of the works in whole or part. If you have, ensure you have followed the payment regime yourself and then give appropriate notice to suspend the works in whole or part. Suspension in part is very useful as you may be able to defer delivery of a key component that makes the whole system work. It is best to seek legal advice on this because a failed suspension out with the contract can be regarded as a major breach of contract, i.e. abandoning the works and a claim may be made against you for leaving a site and not completing the work on time or at all.

What If My Contractor Goes Bust?

Most contracts contain specific termination clauses in this event and the contract must be carefully considered (as must the consequences of termination) before notice is served. In the event of insolvency, a contract must be terminated before another contractor can be given possession of the site in order to finish the works. You need to check very carefully that the act of insolvency “marries up” to the right to terminate. Again, this is a major step and so it is best to take legal advice.

Can an Employer Sue an Insolvent Contractor?

Yes, but leave of court is required and there isn’t much point in incurring the legal and other costs if you are an unsecured creditor as only pennies in the pound are usually recoverable.

Can an Insolvent Contractor Sue the Employer and Does the Employer Have to Pay Any Money?

The administrator/liquidator can sue for sums due and generally, those sums must be paid subject to any sums deductible by way of set-off or counterclaim.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

Get In Touch Today!

Get In Touch Today!

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