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Cranes

Construction & Engineering

United Kingdom

Whether you are an employer/owner, contractor, funder/investor or you are buying an interest in a project that is under construction or has recently been completed, you need documents that reflect your risk profile, protect your interests and promote collaborative working and optimum project delivery.

Drafting those agreements and implementing the rights and obligations that flow from them becomes key to avoiding, managing and resolving disputes successfully.

Understanding where, how and why problems arise enables us to devise winning strategies to protect our clients and to craft agreements that facilitate project delivery. Preventing and managing disputes is given top priority. We advise on the full range of domestic and international disputes procedures.

One of the first firms to recognise construction law as a specialist area and create a dedicated team, our global practice focuses on understanding each client’s business and delivering advice in this context.

Through close relationships with our clients and the sectors in which they operate, we help deliver construction, engineering, infrastructure and energy projects. We advise on every aspect from inception and procurement through funding and building to commissioning and operation.

Working closely with colleagues specialising in real estate development and project finance, insurance, tax, procurement law, planning, energy and environmental law, our full service Construction Team has a market-leading track record of advising on a diverse range of transactions and disputes concerning some of the largest, most complex and high profile projects in the world.

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"A 'fantastic group' and 'a team in which everyone is playing to their own excellent strengths'."

Chambers and Partners, 2020

"Great strength in depth."

Legal 500, 2020

"It is difficult to identify a better firm at the moment than' CMS, which is 'incredibly capable and also very well resourced."

Legal 500, 2018

"It is a confident and user-friendly team which roundly produces top-quality, commercial advice in tune with the business timescales we are working to."

Chambers, 2018

‘above all, strong lawyers with a first-class nose for the correct answer to a case’.

Legal 500, 2017

"The lawyers at CMS appreciate the need to contextualise their advice. We want to be told what the answer is, and CMS avoids sitting on the fence."

Chambers and Partners, 2020

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    Development Work

    Whether your development is commercial, residential, mixed use or of a regeneration nature, we are involved in some of the most significant projects across the world. We act for the full range of clients including owners, developers, funders, institutional investors, forward funding purchasers and tenants as well as the full array of construction industry players.

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    Energy & Mining

    Whether you are in the public sector, a utility, energy company, investor or contractor, we act for participants worldwide across the energy industries and mining sector.

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    Facilities Management

    In managing their assets, businesses face an uphill battle as they weigh the growing demand for a high quality built environment (with the requisite services) against cost and operational flexibility.

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    Infrastructure

    Infrastructure assets require special attention. Key to their operational success is the design, performance specification, completion and commissioning of each part. Understanding how engineering projects are structured and work is valued, measured, executed and delivered becomes critical.

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    How a com­pany signs an Eng­lish Law Deed
    Law-Now: Con­struc­tion & En­gin­eer­ing
    Vis­it Law-Now for leg­al know-how and com­ment­ary

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    27 Nov 19
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    04 Nov 19
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
    17 Oct 19
    Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
    A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...
    11 Oct 19
    Quantum meruit claims after ter­min­a­tion: a chan­ging of the tide?
    A de­cision of the Hight Court of Aus­tralia earli­er this week has held that resti­tu­tion­ary claims on a quantum meruit (i.e. reas­on­able price) basis by con­tract­ors after the ter­min­a­tion of a con­struc­tion...
    03 Oct 19
    Use of Dis­pute Boards: one of FIDIC's five Golden Prin­ciples
    FID­IC has re­cently pub­lished de­tailed guid­ance as to the five “Golden Prin­ciples” first in­cluded with the FID­IC 2017 suite of con­tracts. These prin­ciples seek to identi­fy lim­its to the types of amend­ments...
    25 Sep 19
    The next step in LIBOR Trans­ition: LMA is­sues Ex­pos­ure Drafts
    “[T]he use of... for­ward-look­ing term rates is meant to be lim­ited. These term rates can­not and will not be the primary av­en­ue to trans­ition [and] we think that any firms still delay­ing trans­ition un­til...
    24 May 19
    FID­IC claims no­ti­fic­a­tion pro­vi­sions: Hong Kong High Court guid­ance
    A re­cent de­cision of the Hong Kong High Court has con­sidered the ef­fect of claims no­ti­fic­a­tion pro­vi­sions which re­quire a con­tract­or to state the con­trac­tu­al basis of a claim. Such a re­quire­ment now forms...
    22 Nov 18
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing...
    28 Sep 18
    CMS - Fo­cus­ing on Funds - Tough­er Tax Rules for Ger­man Real Es­tate
    This Fo­cus­sing on Funds up­date looks at the con­tinu­ing hot top­ic of how tax changes af­fect fund struc­tures and deals. Fol­low­ing our pre­vi­ous look at the France and Lux­em­bourg double tax treaty, the fo­cus...
    21 Sep 18
    EU to define €100’s of bil­lions pa of sus­tain­able in­vest­ment
    It is easy to ask: what does sus­tain­able in­vest­ment mean? The an­swer is not simple even though a lot rides on it. In the EU cli­mate and en­ergy space alone, the EU es­tim­ates that ad­di­tion­al sus­tain­able...
    12 Sep 18
    CMS - Fo­cus­ing on Funds - Re­spons­ib­il­ity and Sus­tain­ab­il­ity Mat­ters
    This Fo­cus­ing on Funds up­date looks at a de­vel­op­ing hot top­ic of sus­tain­able, re­spons­ible and im­pact in­vest­ment (SRI) and why this mat­ters for funds. En­vir­on­ment­al, so­cial and gov­ernance (ESG) and SRI...
    06 Jun 18
    CMS - Fo­cus­ing on Funds
    CMS - Fo­cus­ing on Funds  |  Double Trouble - France and Lux­em­bourg double tax treaty   This Fo­cus­ing on Funds up­date looks at a spe­cif­ic hot tax top­ic af­fect­ing how and where funds are struc­tured....