Clare's expertise

 Real Estate

I work with clients who are looking to build a new development or refurbish a property, who wish to fit out their current premises – the most bizarre request being a fireman’s pole between floors, and those who need to let a contract for the repair and maintenance of property.  I also act for those funding those works, or who will take acquire the property.

 Real Estate Development

I work with developers and registered providers on a wide range of development projects across the UK.  I regularly advise on agreements for lease and development agreements, complex step-in arrangements and payment security issues. 

 Academies

My clients in this sector include a number of multi-academy sponsors and projects have included new academies, academy conversions and free schools.   I advise on the development agreement between the local authority and the academy trust, and also on the D&B Contract, whether with the LEP or a framework contractor. 

A number of our clients procure their own construction work and I draft and negotiate the building contract and consultants’ appointments on their behalf.

I also work with our clients on the procurement of works, goods and services, helping them to comply with their obligations under the Public Contracts Regulations.

 Construction

Although I’ve been advising on construction law since 1997, my involvement with building sites started before I could walk and continued through my childhood.  My clients include developers, contractors, consultants, funders and occupiers of property.  Projects with which I have been involved include an exemplar £90 million redevelopment of a central London property to provide office and residential accommodation, various academies throughout the UK, the affordable housing elements of the Elephant & Castle regeneration, engineering projects in Africa and works to a monastery in the Sinai. 

I work with the JCT, NEC3, PPC and FIDIC forms of contract, as well as the standard terms of engagement published by industry bodies such as the RIBA, RICS and CIC, in addition to bespoke arrangements.

 Procurement

Procurement and public procurement issues affect much of my day to day work, particularly working with so many public sector clients.  I regularly advise clients as to how to structure their procurement exercise, whether they’re setting up a new framework or are looking to let contracts for a new project.  I also get asked to step in when things go wrong – it’s always easier - and quicker - to get it right from the start! 

I work closely with my client’s procurement consultant.  It’s usually more cost effective to engage a procurement consultant, for example, to draft the PQQ and ITT.  I sit down with you, and them, at the outset to agree who does what.  My role will generally include agreeing the timetable, checking the contract notice, PQQ and ITT documents from a legal perspective, and drafting the contracts.

As projects become more complicated, the spider’s web of procurement issues can be intimidating.  I help my clients when they tender for projects, mostly using the restricted procedure or competitive dialogue, to ensure they are on the right lines.  I also keep an eye out for breaches of the Public Contracts Regulations.  On a large project, having a contract declared ineffective can cost millions.

Although the majority of these procurement issues involve contracts for works or services related to construction, I’ve also assisted clients with their procurements of goods and services in other sectors, such as IT services and distribution agents.