Construction and Engineering

Setfords’ construction and engineering team provide a wealth of experience to clients in the provision and negotiation of project documentation, with our in-depth experience of the construction industry enabling projects to keep moving forwards. Where a dispute arises, lawyers in our team provide cost effective and practical advice, working with clients to reach a resolution before the situation spirals, but also providing robust representation in all forms of proceedings, whether mediation, expert determination, adjudication, arbitration or litigation.

At Setfords our team of lawyers has significant experience in setting up and negotiating contractual structures, including standard form (JCT, NEC etc.) and bespoke building contracts, architect, structural engineer, project manager and other professional consultant appointments, warranties, performance bonds, parent company guarantees and all other forms of construction documentation. Members of our team have provided advice to developers, local authorities, contractors, sub-contractors, private individuals and commercial organisations (including energy companies, plc’s and national restaurant, cinema and retail chains) ranging from commercial refurbishments of existing buildings and new build residential developments of all sizes, to significant commercial sites involving energy generation, offices, hotels, supermarkets and restaurants. We have resolved disputes of all sizes and complexity, whether several thousand pounds in value or many millions.

For any issues concerning construction and engineering law, you will find that early involvement of our lawyers will enable potentially costly problems later in a project to be avoided, but also where you are already involved in a dispute our significant expertise will enable you to achieve the most advantageous outcome.

Our work includes:

Construction documentation and negotiation (JCT, NEC3, FIDIC etc.)

Appointment and warranty documentation

Performance Bonds, Parent Company Guarantees etc.

Contractual Notices

Adjudication claims




Members of our team have:

  • Acted for several major local authorities, with regard to the construction documentation for various projects, including the refurbishment of a nationally known events venue, a proposed science and technology park and various community and leisure facilities.
  • Advised a number of leading high street banks in relation to the construction elements of development finance, drafting amendments to required building contracts, appointments and warranties and negotiating the construction documentation on behalf of the banks with their borrowers, liaising with the banks’ monitoring surveyors throughout.
  • Advised an energy company, in relation to their contractual structures and construction documentation, IP agreements and project documentation, including joint ventures, for biomass facilities nationwide.
  • Prepared construction documentation for use by a national cinema chain across all their developments, advising on all construction matters nationally, ensuring that obligations under the terms of agreements for lease, leases and licences to alter were carried through into the obligations of contractors.
  • Advised several national chains of restaurants regarding construction documentation and issues.
  • Advised and acted for a local government body with regard to their contractor’s late completion and defects under a JCT Design and Build contract for recreational and leisure facilities, including service of notices of specified default, termination and the final account.
  • Received instructions to advise upon and prepare a suite of construction documentation for a residential housebuilder, including framework agreements, JCT Design and Build amendments, sub-contracts, purchase orders, appointments and warranties.
  • Advised and acted for various freeholders and tenants of premises in Central London regarding construction documentation, including building contracts, professional appointments and warranties, ensuring that obligations under the terms of any relevant agreements for lease, leases and licences to alter were carried through into the obligations of contractors.
  • Acted for various government funded bodies, housing associations and care providers with regard to the construction documents and contractual structure for their projects.
  • Acted for a major national and international chain of stores, with regard to a significant professional negligence claim regarding asbestos.
  • Advised a top four supermarket plc on various elements of their construction documentation, for a number of their supermarket developments nationwide.
  • Advised a number of nationally known residential housebuilders and also various significant local residential housebuilders, regarding construction issues and documentation on their projects nationwide.

Lawyers in focus

Shaun Lowry

Shaun Lowry – Consultant Solicitor

Shaun has extensive experience as a solicitor acting for clients in contentious and non-contentious commercial, construction, engineering, energy and projects matters, having qualified in January 1999.

He has set up construction law units at a number of leading law firms in the United Kingdom, acting for various high street banks in relation to development finance and also local authorities, commercial and residential developers, contractors, sub-contractors and leading commercial organisations, including household name high street retailers and a top four supermarket plc with regard to their stores nationwide.  Shaun has also advised in relation to leading edge renewable energy.

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"I just wanted to write to say thank you very much for your professional and speedy approach to the settlement agreement. It has been a pleasure dealing with you."...