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Portrait ofKaren Clarke

Karen Clarke

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Karen Clarke is a partner in the Construction and Engineering team with over 20 years’ experience specialising in the drafting and negotiation of construction and asset management contracts. She has wide experience of drafting, negotiating and advising on construction contracts, consultant appointments, frameworks and ancillary contract documentation for owners, contractors, developers, institutions and public sector clients on various education, residential, office, retail and leisure projects and in developing standard suites of bespoke construction documentation.  Karen’s work covers a mix of large-scale development projects over a wide-range of procurement routes and contract bases, including NEC, JCT and ICE forms of contract alongside negotiating UK and global asset management and operational agreements. 

Karen has commentated and advised on industry approaches to asset and facilities management, including working with the Chartered Institute of Building on revisions to its standard form of Facilities Management Contract and authoring the LexisPSL module on Facilities Management – Hard FM.

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"Karen Clarke is approachable and experienced."

Legal 500, 2024

Karen Clarke ‘brings a fresh and innovative approach’

Legal 500

Relevant experience

  • M&G Real Estate in relation to the development and property management arrangements for a multitude of asset classes including residential, office, retail, leisure and mixed use projects on various procurement bases, ranging from framework based call-offs for minor works to bespoke contracts for major refurbishments such as Tottenham Court Road and Waterhouse Square (Holborn Bars) projects in Central London. 
  • The Wellcome Trust for over 20 years on the development of their 55 acre Wellcome Genome Campus project utilising both design and build (JCT and NEC) and construction management procurement methods, along with framework consultancy contracts, to construct a mix of office, academic, accommodation, commercial innovation and research facility premises in Cambridgeshire. The negotiation and placement of Campus wide facilities management arrangements are based on NEC4 TSC and the new NEC4 FMC contract. Currently, translational office and innovation spaces, as well as laboratory projects, are being developed for the Campus which provides and operates first class facilities for global bioinformatic research and services supported by total FM solutions.  
  • National Grid in relation to its Real Estate (non-operational) portfolio on the procurement, negotiation and implementation of best in class property management and facilities management solutions and on their property projects, including their framework contracting approaches.
  • The Crown Estate on development projects across its regional property portfolio assets, including the redevelopment of Fosse Park, Leicestershire.   
  • Abrdn on development projects across the UK, including a series of mixed use retail and office developments across the south-east.
  • Post Office in relation to its framework approaches for property refurbishment and its nationwide estates management strategy. 
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Memberships & Roles

  • Society of Construction Law 
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Publications

  • CIOB Facilities Management Contract
  • LexisPSL – Construction Module on Hard Facilities Management
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Education

  • 1998 - LLB (Hons), Warwick University, Warwick
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Feed

07/07/2023
CMS UK receives ISO 30415 Certification for D&I
International law firm CMS has been awarded the ISO 30415 Diversity & Inclusion (D&I) certification in the UK, the first law firm to receive this certification.     The internationally recognised standard...
16/12/2022
The Law and the Little Things: Microaggressions in the workplace
Microaggressions in the workplace Most organisations today recognise the importance of equity, diversity and inclusion within their workplaces, in particular, how to build an inclusive culture.  However, organisations need to go beyond warm words to deliver on commitments in prac­tice. Mi­cro­ag­gres­sions are subtle acts of discrimination; unfortunately commonplace behaviours that many write off as too trivial to mention - the “little things” that just happen. Though “little” in name, these occurrences can become large by nature, and businesses must be aware of the deep and often devastating impact of ignoring them.
11/02/2021
New NEC Facilities Management Contracts: a bespoke suite for the facilities...
At the end of January 2021, the NEC launched a new suite of contracts dedicated to the facilities management industry. In this Law-Now, we outline the key features of the NEC4 Facilities Management contracts...
21/06/2019
Paying subcontractors directly: stormy waters for employers
A recent Commercial Court decision has considered the ability of an employer to recover payments made directly to subcontractors from its main contractor. The decision raises interesting questions as...
08/03/2018
Two stage tendering: TCC guidance on termination and deferred payment provisions
A recent TCC decision has considered a payment dispute arising from a two stage tendering process. Two stage tendering is increasingly common in the construction industry, but court decisions as to its...
29/06/2017
Brexit and construction contracts: how will your change in law clause respond?
On 16 March 2017 the European Union (Notification of Withdrawal) Act 2017 (the ‘2017 Act’) received royal assent, enabling the UK government to trigger Article 50 of the Treaty on European Union and...
30/09/2016
New JCT contracts: arrival of the Design & Build 2016
The JCT launched its 2016 family of contracts together with guidance notes at the beginning of the summer with the publication of its new Minor Works Building Contracts. The Scottish equivalent, the SBCC...
07/09/2016
Breakfast briefing: Real Estate: Asset & Property Management: Construction...
Join us for this month's breakfast briefing where we will be exploring how we support asset man­age­ment/prop­erty portfolios in three key areas:Re­fur­bish­ment / refresh and renewals – considering the benefits...
05/07/2016
JCT 2016: Minor Works suite published
The JCT recently launched its much awaited new suite of building contracts with the publication of its revised Minor Works family. The Minor Works building contracts (with options for contractor design...
11/05/2016
“No amendment” clauses: Court of Appeal guidance
A Court of Appeal decision published last month has concluded that so called “no amendment” or “anti-vari­ation” clauses do not rule out informal amendments being agreed contrary to their terms...
21/01/2016
"No amendment" clauses in construction contracts
A Commercial Court decision published earlier this month has considered the enforceability of so called “no amendment” clauses, requiring amendments to a contract to be made in writing and signed...
05/05/2015
Court of Appeal overturns fitness for purpose ruling
The Court of Appeal has determined that a fitness for purpose obligation contained within a schedule to a construction contract was to be read subject to more general obligations to exercise reasonable...