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Construction & Engineering

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.

"The construction team is very strong. Unfailingly good quality from associate to partner level – high energy levels, very strong on client relations and has the ability to deal with different people with different backgrounds. Unflappable during very challenging matters – very responsive."

Legal 500, 2022

"CMS is now such a well-resourced and capable team that it is difficult to understand why anyone would go anywhere else for complex, high-value matters."

Legal 500, 2022

"They have amazing depth and good lawyers, are good at the technical detail and have very good management skills."

Legal 500, 2022

"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

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

Chambers and Partners, 2020

"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

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Hamburg concert hall under construction
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 a
Excavator arm and bucket
Energy & Mining
Whether you are in the public sector, a utility, energy company, investor or contractor, we act for participants worldwide across the energy industrie
empty railway walkway
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 s
view of city and motorway
Infrastructure
Infrastructure assets require special attention. Key to their operational success is the design, performance specification, completion and commissioni
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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30/11/2021
Call for evid­ence on new Com­mer­cial Rent (Coronavir­us) Bill: act quickly!
The Gov­ern­ment has launched a call for evid­ence on the new Com­mer­cial Rent (Coronavir­us) Bill. The Bill (to­geth­er with the ac­com­pa­ny­ing new Code of Prac­tice) provides for a new ar­bit­ra­tion scheme to deal...
30/11/2021
The Fi­nal Ac­count Pro­ced­ure un­der the JCT Design and Build Con­tract
A re­cent TCC de­cision has con­sidered two sig­ni­fic­ant is­sues arising un­der the fi­nal ac­count pro­ced­ure of the JCT Design and Build Con­tract. First, wheth­er a No­tice of Com­ple­tion of Mak­ing Good is re­quired...
26/11/2021
Gov­ern­ment pro­poses changes to Elec­tron­ic Com­mu­nic­a­tions Code fol­low­ing...
The Gov­ern­ment pub­lished its re­sponse to the con­sulta­tion on changes to the Elec­tron­ic Com­mu­nic­a­tions Code on 24 Novem­ber 2021. It has pro­posed the fol­low­ing changes: A new duty for op­er­at­ors to...
26/11/2021
Qual­i­fy­ing as­set hold­ing com­pan­ies ("QAHCS") - An up­date on im­port­ant new...
As part of its drive to in­crease the at­tract­ive­ness of the UK as an as­set man­age­ment and in­vest­ment hub, the UK Gov­ern­ment has in­cluded in the Fin­ance Bill re­vised draft le­gis­la­tion for a gen­er­ous new...
25/11/2021
Plan­ning for the En­vir­on­ment - The En­vir­on­ment Act 2021
The En­vir­on­ment Act sets out the UK’s post-Brexit take on en­vir­on­ment­al pro­tec­tion rules. It has been 3 years in the mak­ing and in­tro­duces im­port­ant new re­quire­ments for plan­ners and de­velopers. Biod­iversity...
18/11/2021
“Hot Prop­erty” - Sol­ar pan­els and rights of light
There is presently no re­cog­nised right to light for the be­ne­fit of sol­ar pan­els. However, re­cent plan­ning ca­se­law, tech­no­lo­gic­al ad­vances, and the back­drop of glob­al heat­ing, COP26, and ESG make this...
15/11/2021
Key tax changes for the real es­tate sec­tor – Au­tumn Budget 2021 and the...
Against the back­drop of sev­er­al con­sulta­tions cov­er­ing real es­tate taxes – such as the re­view of busi­ness rates and the VAT land ex­emp­tion – it may not have been a sur­prise if Budget day her­al­ded...
12/11/2021
Ad­ju­dic­a­tion en­force­ment by com­pan­ies in li­quid­a­tion: Court of Ap­peal raises...
A re­cent Court of Ap­peal de­cision has cri­ti­cised ob­iter com­ments made by the Su­preme Court in Bresco v Lonsdale to the ef­fect that ad­ju­dic­a­tion de­cisions in fa­vour of com­pan­ies in li­quid­a­tion could in...
10/11/2021
Cov­id Rent Ar­rears
The Gov­ern­ment has fi­nally an­nounced its pro­pos­als for deal­ing with Cov­id Rent Ar­rears in its Com­mer­cial Rent (Coronavir­us) Bill.  The Bill will now be sub­ject to the usu­al par­lia­ment­ary scru­tiny and...
04/11/2021
Sale and lease­back trans­ac­tions: when is a sale not a dis­pos­al?
The VAT treat­ment of sale and lease­back trans­ac­tions has been the sub­ject of con­sid­er­able un­cer­tainty in re­cent years, cul­min­at­ing in de­feat for HM­RC in the Su­preme Court in the case of Bal­housie Hold­ings...
25/11/2021
2021 CMS Con­struc­tion Con­fer­ence
We are de­lighted to in­vite you to the 2021 CMS Con­struc­tion Con­fer­ence on Thursday, 25 Novem­ber 2021. The event will be held at our Lon­don of­fice in Can­non Street or you can ac­cess the event vir­tu­ally...
03/11/2021
CMS ad­vises Land­sec on £425.6m in­vest­ment in Me­diaCity
In­ter­na­tion­al law firm CMS has ad­vised Land­sec on its ac­quis­i­tion of a 75% in­terest in Me­diaCity, Europe’s lead­ing, di­git­al, me­dia and tech hub, for £425.6m. Me­diaCity was pre­vi­ously owned by a 50:50...