Scarlett WheelerLegal Director

I've worked across a variety of sectors, including retail, office, healthcare, hospitals, hotels, mixed-use developments, and high-end listed residential properties. My previous experience includes working both client-side, including for an international airport, and supplier-side, for a fit-out contractor. This diverse experience has given me a deep understanding of clients' commercial needs and how to deliver cost-effective solutions. My expertise covers the entire procurement chain, from inception to completion, and I work with a wide range of clients including developers, funders, landlords, tenants, contractors, consultants, and sub-contractors.

Construction Procurement

• Negotiating contracts to kick-start works, such as letters of intent and pre-construction services agreements.
• Creating complex agreements, including development agreements, building contract amendments, bespoke terms and conditions, framework agreements, call-off agreements, collateral warranties, and third-party rights.
• Offering guidance on contractual design protections, including IP licenses, assignments, and novation.
• Negotiating security-related contracts, including advanced deposit bonds, vesting deeds, performance bonds (both on-demand and conditional), and parent company guarantees.
• Advising on insurance protections in live projects.
• Providing risk review feedback on proposed contract terms and ensure back-to-back protection in sub-contractor/sub-consultancy terms and conditions.
• Ensuring compliance with construction law.

Construction Project Management

• Advising on payment applications (including pay-less notices), extensions of time, loss and expense, and variations.
• Navigating procurement chain contracts, especially when main contractors face insolvency, including managing suspension of works, novation, assignment, and reinstatement agreements.
• Interpreting contract provisions and draft variation agreements.

Construction Disputes

• Representing clients in adjudications involving claims such as defects, extensions of time, and loss and expense.
• Assisting clients in pre-action meetings and alternative dispute resolution, including mediation.
• Advising on clients' rights in the early stages of disputes and help manage claim mitigation.
• Acting in Technology and Construction Court enforcement proceedings, particularly in contesting an adjudicator's decision.

Real Estate and Corporate Support

• Representing both tenants and landlords, as well as sellers and buyers, in property-related transactions.
• Conducting due diligence on construction documentation and negotiate protections for clients as part of transactions.