About

We act both as Front-End and Back-End Construction Lawyers, ensuring continuity in risk allocation principles through a Development or Construction Project. Legal Instruments including Professional Services and Construction Contracts, Sureties, Guarantees, Indemnities, Insurances should be in synthesis and not include conflicting provisions.

Accordingly, by our Front-End Juristic Management service we are applying legal risk management, to allocate the risk to the party best able to control it. By clearly defining the risk, we enhance a pro-active risk management approach to minimize uncertainty and limit consequential disputes.

However, disputes will always be part of the Construction Industry and in the event where it is inevitable to prevent, we will represent or advise our clients in the various Back-End Dispute Resolution processes including Mediation, Adjudication, Arbitration or Litigation. We also act as Mediator or Adjudicator in disputes relating to the whole spectrum of Construction and Professional Services Contracts.

During the early Stages – Inception, Concept and Viability of the project it is still possible for the Owner or Employer to manage risk effectively. However in the subsequent Stages – Construction, the ability to influence risk is less effective and it is more expensive. By using legal risk management instruments, we advise on allocating risk to the party best able to control it.

It is a common trend that employers attempt to transfer maximum risk to the contractors and professional team. More often it is found to be counter-productive, ineffective and have unexpected results as a consequence. The fact that so many projects have consistently run late and significantly over budget demonstrates that ill-considered risk transference simply does not work.

All the Standard Construction Contracts and some of the Professional Services Contracts make provision for contractual claims to be submitted and determined by an independent professional as an expert. Albeit the fact the Employer’s Principal Agent or Engineer is perceived to be his / her Agent, that is not the case when determining claims. Most of the Contracts make provision for a dual role to be performed by the Contract Administrator. On the one hand he / she is the Agent of the Employer issuing and receiving instructions and on the other hand acting as independent professional certifying and making determinations. Although some Contracts make provision for a consultation process before making rulings, other Contracts prohibit any interference by the Employer with the Contract Administrator’s independence and include same as grounds for termination by the Contractor.

Accordingly, Instrument Construction Lawyers assist clients by participating in Claims, Disagreements, Disputes, Mediations, Adjudications, Arbitrations and Litigations in different roles.

The construction industry is becoming ever more competitive and demanding. It is no longer sufficient for practitioners to understand the technicalities of their field.

In addition to understanding the technicalities, construction practitioners are required to understand the legal framework within which they operate.