FAQs
What is "non-contentious construction law"?
Construction law is essentially the part of the law of contract which applies to agreements for carrying out works ("construction agreements"). It doesn't include separate but related specialisms such as planning law, property law, intellectual property law and insurance law, except to the limited extent needed for construction agreements.
Strictly speaking, there is no such as thing as contentious or non-contentious construction law; the true distinction is between contentious and non-contentious construction lawyers.
Contentious construction lawyers represent the parties to construction agreements in litigation, arbitration, adjudication, mediation and other forms of dispute resolution. Non-contentious construction lawyers are involved at the front end: preparing, advising on and negotiating construction agreements.
Both types of construction lawyer know their construction law; the contentious lawyer also specialises in civil procedure, arbitration and adjudication, while the non-contentious lawyer is more familiar with property law and perhaps does more drafting.
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What is the connection between construction law and property law?
Property lawyers prepare and negotiate agreements for the sale and purchase of land, agreements for lease, funding agreements and development agreements ("property agreements"). All these property agreements require one party to transfer an interest in property to the other party. That interest may be freehold or leasehold, or the mortgage of a freehold or leasehold interest.
Development and funding agreements, and sometimes agreements for sale and lease, may also require one party to carry out works to the property, either before or after the transfer of the interest. Typically, for example, an agreement for lease may require the landlord to construct a building for the tenant; when the building is complete, the landlord will grant the lease and the tenant will begin paying rent.
Non-contentious construction lawyers help property lawyers to draft and negotiate the parts of property agreements which relate to the construction of works, including the way in which completion of the works "triggers" completion of sale or lease, and the way in which certification of works in progress triggers the drawdown of loan instalments.
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I'm not a law firm. How do I instruct you, and what's the procedure?
As mentioned elsewhere in this website, if you're not a law firm I am not legally allowed to give you a quote, or to accept instructions, in my own name, so I do it through one of the law firms for which I'm a consultant.
The important thing to emphasise is that you will not be liable for any legal charges unless and until I have given you a quote and you have accepted it.
When you contact me I will reply on behalf of one of my law firm clients. I may ask you for further information, and/or for copies of documents. When I have enough information, and assuming I am willing and able to handle the case, I will give you - through the law firm, of course - a fixed price quote (not an estimate, and not an hourly rate). My quote will be a bit like a restaurant menu, listing each service I think you need, with a price against each one, and usually listing any qualifications (e.g. the right to charge more if you give unforeseen instructions that cause a lot of extra work).
The quote may be in a relatively short email, or it may form part of a longer engagement letter. If in a short email, the engagement letter will follow if you accept the quote. Accepting an emailed quote will not be legally binding on either party until you've formally accepted the engagement letter. The engagement letter will usually also be a client care letter setting out various things that law firms are required to tell clients. It will include the law firm's conditions of engagement, and an acceptance form enabling you to choose which services you need and possibly asking further questions and/or requesting further documents.
The engagement letter will say at what stage the law firm may invoice you (e.g. after all work is completed, or after an initial draft of the document has been sent to you or to the other parties), and when the invoice is payable (typically within 30 days, but could be less).
You will need to sign and return the acceptance form in order to get us started on the work. As mentioned, there will be no engagement until you have done this. We shall not be required to begin the work until you've supplied all the information and documents we need, though we may begin work on the basis of partial information and documents if we think fit.
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Will I need to send you evidence of my identity and residence, such as a passport or driving licence and recent utility bills?
Strangely enough, anti-money laundering regulations don't normally require evidence of identity and residence where the work involves only construction agreements and not the transfer of a company or an interest in land. The actual requirements will be a matter for the law firm concerned in each case. It is always important for lawyers to know who they're working for, so enquries may be made in any event. If money-laundering is suspected, evidence of identity will no doubt be required.
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