Combustible Cladding, Defects and Damage

Whether you are a developer, building contractor, subcontractor or supplier, you need to be able to manage risk to ensure the project is delivered successfully.

Construction Industry Participants

At EMC our experts can assist in identifying and managing the risks and legal complexities throughout the entire project life cycle. Our advice and assistance is practical and commercial, recognising the need to balance risk management with time and budget constraints.

We invest in getting to know your project objectives and how it fits into your business operations. Our experts have a track record of delivering sound legal advice that meets your objectives.

Our expertise extends to the whole project – from structuring, financing and site acquisition, through the design and construction phase, to leasing and sales. We work with our clients to identify the risks and we produce user-friendly, effective project documentation backed up with proven negotiating skills.

During the construction phase, we assist in identifying and managing potential disputes to achieve an early resolution with the desired outcome. If this is not possible, we are well-equipped to help you navigate through the various dispute resolution options available in the construction industry, including claims under the Security of Payments process

Regulatory Expertise

We also provide guidance on your rights and obligations under the complex legislation affecting the construction sector, including licencing and insurance, compliance with design and building practitioner requirements and in particular managing rights and obligations under the Design and Building Practitioners Act 2020 and Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.

Post-completion Disputes

We recognise that the risk for stakeholders in a construction project extends beyond project completion. The period of post-completion risk is significant, particularly given the limited ability for builders and other affected stakeholders to control or manage that risk.

We work with our clients with a view to taking a proactive approach to risk management post-completion in order to avoid, or at the very least, to minimise disputes, particularly in the context of defect claims in respect of residential building work, in particular cladding disputes and remediation claims. Where disputes are unavoidable, our team advise on the appropriate strategies to minimise liability, business disruption and costs associated with resolving disputes.

Insolvency issues

The risks prevalent in the construction industry traditionally results in more insolvencies than other industries. EMC’s team offers extensive experience in managing corporate insolvency with strong relationships with administrators, liquidators, and other specialist advisers.

We assist in putting in place strategies to assist entities, and guide our clients through insolvency and turnarounds. We are also uniquely positioned to advise directors of construction companies on their own exposure and options.