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Contracts and procurement

Eversheds Sutherland’s global construction contract and procurement practices advise on some of the largest infrastructure, commercial and industrial projects around the world. Our in-depth cross-sector experience provides us with a thorough understanding of the commercial issues of a deal. This enables us to advise at a strategic level, as well as on a project specific basis.

We know that there is no one-size fits all solution to the challenges that your business faces and that the appropriate approach will vary, depending on the parties, the project and the sector. Our services include advising on procurement, contract strategy, risk allocation, contract drafting and negotiation. We work with you to establish suitable contractual arrangements that protect your interests and address long-term construction liabilities to avoid jeopardizing commercial deal-making with unnecessary requirements. Whatever your needs, our experienced lawyers will help you achieve your goals.

Experienced procurement and contract strategy lawyers

Our lawyers are used to working closely with in-house legal and commercial teams and their external advisers to develop procurement and contract strategies appropriate to your business. We apply a tailored, systematic approach to scoping the requirements for your procurement.

Risk allocation

In our experience, the steps necessary to achieve successful implementation for construction and infrastructure projects include:

  • establishing good working relationships within an integrated client team
  • clearly defined client specification requirements
  • appropriate risk allocation to the party best able to manage it
  • a clear critical risk plan
  • planned financial contingencies based on the project’s risk profile

We regularly lead and take part in contract strategy and risk workshops. Where appropriate, we use risk management tools to facilitate risk identification and appropriate allocation of that risk under the contract to the party best able to manage it. We use that information to advise on contract selection and strategies and as the basis for the drafting of contracts. We also record it in a user-friendly format to work as a tool through the drafting of the contract and its subsequent negotiation. In addition to formally resolving disputes, we help our clients avoid or minimize them.

Contracts and documentation

We draft and, where appropriate, amend all industry-standard construction and engineering contracts, in order to tailor them to your requirements and those of your projects. We also prepare customized building contracts to meet specific requirements not covered by standard forms. Please see our additional resources for details of the types of contracts we handle in the United States, the United Kingdom and other locations around the world.

Eversheds Sutherland also advises on the full range of associated construction documents, including invitations to bid/request for proposal, framework agreements, professional services contracts and appointments, collateral warranties, direct agreements, parent company guarantees, performance bonds, advance payment bonds, subcontractor default insurance and retention bonds.

Collaborative contracting including alliancing

In addition to contracts reflecting conventional “client” and “contractor” relationships, we have extensive experience advising on collaborative contracts, ranging from those that include simple commitments for parties to work together to fully integrated “pure” alliance models such as IPD (integrated project development).

Building information modelling

We advise on provisions necessary to address the use of building information modelling (BIM), including the use and incorporation of BIM protocols, allocation of responsibility for defective design and the contract provisions necessary to deal with other legal issues, such as software licenses and intellectual property rights.

Global construction contracts

Our global contract management service provides your business with a one-stop hub for construction contracts, which multinational corporate users can access on a self-service basis in any jurisdiction. By offering you greater control, cost certainty and speed of delivery, this helps you to focus on the construction job at hand.

Eversheds Sutherland has a strong track record in global construction contracts. Our clients include organizations such as Microsoft and Cisco. In three months, we also produced a four-part suite of 376 contracts prepared for use in 94 jurisdictions across the Americas, Europe, the Middle East, Africa and the Asia Pacific region.

Construction is a complex and constantly changing industry. Our sole aim is to help your business build with confidence.

Contact our construction contract and procurement team

If you would like any further information or need advice on construction contract and procurement law, please contact our legal team.

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