![Scarlett Wheeler](/-/media/images/main/people/placeholders/placeholder-firm-logo-750-x-415/website-placeholder-image-750x415.png)
Scarlett WheelerLegal Director
Download vCard- +44 (0)20 7864 1250
- Scarlett.Wheeler@lewissilkin.com
With over a decade of experience, I specialise in helping clients navigate both contentious and non-contentious construction matters.
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.