Construction contract advice

It is rare for a contract presented by the employer as "set in stone" to in fact be just that. Most can be improved before signature, and a contractor who understands the risk early has something to negotiate with.

IMH reviews and amends construction contracts and subcontracts for contractors and subcontractors across the UK. Ian Heavey MRICS, chartered since 1993, leads every review.

Before you sign

A quick review of a significant contract, maybe just a few hours, is usually money well spent. Every contract has some aspect that can be improved with a little negotiation.

The review answers the question clients ask most: "What am I exposed to on this project that is unusual for my business?"

  • A review of the contract, with a summary of its risks
  • Drafted amendments to head contracts and subcontracts
  • Bonds, MOUs, NDAs, exclusivity agreements and JV or consortium agreements
  • Whether the insurances asked for apply and are at the right level: contractors all risks, public, design and products liability

Terms passed down from the head contract

Subcontractors are often asked to accept the head contract's terms passed down to them, to sign an unfamiliar subcontract, or to work under a heavily amended standard form. A poorly drafted or risk skewed contract does not have to be accepted. IMH drafts the changes that bring the risk back into line with your scope and the control you really have on site.

The big job carries its own danger. The potential cash-in from "that big job" can lead an otherwise savvy contractor to set contractually assigned risks aside, in a "let's assume that won't happen" frame of mind. Firms go bust in construction because risk was not correctly dealt with from the outset and not continually reviewed.

Forms of contract

The JCT suite, NEC3, FIDIC, IChemE, MF/1 and complex bespoke forms, on design and build, turnkey and cost plus work, new build and refurbishment.

Examples of IMH's contract work

One amendment document for a national contractor

A national ground improvement contractor was struggling to close deals on developer terms full of uncapped liabilities, broad indemnities and insurance demands it could not realistically meet, and mobilisation was being held up. IMH drafted a single amendment document for repeat use across the country. It reallocated design responsibility, ground risk, consequential loss and delay exposure, and set liability caps linked to contract value and available insurance. The contractor's team could then respond to developer terms within days, with no need for outside legal input on routine negotiations. Read the full case study on speeding up contract entry.

More than 40 contracts for an electrical company

For a leading electrical sector company, IMH provided commercial negotiation and advice on more than 40 contracts.

Subcontractors on remediation work across the UK

In 2023 and 2024 IMH led contract negotiations for several subcontractors on pre-cast elements and cladding remediation work across the UK.

Fees and first steps

The first consultation is free and confidential. Reviews are agreed at a fixed price or an industry-aligned day rate, and regular help is available on a retainer.

If you have a contract to sign, contact IMH before you sign it.

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