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Construction & Engineering

We have a world-class reputation and some of the industry’s leading lawyers. We assist our clients with strategies for the procurement of major projects and the resolution of substantial disputes.

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Mayer Brown's team of construction and engineering lawyers is based in London, Hong Kong, Singapore, Houston and Chicago and operates in conjunction with our other offices in the US and Latin America, continental Europe, the Peoples Republic of China, and South East Asia. With over 45 lawyers across Asia, Europe and the Americas, we advise governments, owners, operators, concessionaires, lenders, project sponsors, contractors, consultants and insurers. Our clients are able to draw upon our many years of experience to support their businesses, whatever their role may be. They instruct us in relation to projects that set benchmarks in terms of scale, complexity and risk allocation.

We have represented clients on hundreds of projects in numerous jurisdictions and in every continent. We are recognised as leading practices in each of our domestic markets and one of the pre-eminent global firms advising on the issues arising out of every type of construction and engineering project, including:

  • Transport
  • Infrastructure
  • Oil and gas (upstream, midstream and downstream)
  • Power
  • Alternative energy
  • Process engineering
  • Mining
  • Commercial property
  • Housing
  • Healthcare and education
  • Insurance

We have extensive experience of all the major international and regional standard forms of contract, including FIDIC, IChemE, I Mech E, JCT, NEC, PPC2000, HKIA, SIA, Hong Kong Government civils conditions and AIA, and every method of procurement, including:

  • PPP/PFI schemes
  • BOOT/BOT
  • Target Price contracts
  • Guaranteed Maximum Price contracts
  • Turnkey, EPC and EPCM contracts
  • Design & Construct forms of contract
  • Construction Management
  • Management Contracting
  • Partnering and collaborative working contracts
  • Joint Ventures

We advise on front-end contract strategy and contract documentation, risk management and dispute resolution. Our understanding of the industry means that our advice is commercial, and clients instruct us to represent them when disputes arise because of our track-record and reputation as one of the leading law firms practising in this area with experience of large and complex projects.

Our services
Our front-end project services include:

  • Procurement and contracting strategy
  • Procurement legislation
  • Project risk analysis and allocation
  • Negotiation and drafting of construction and engineering contracts including BOOT and BOT contracts, Turnkey, EPC and EPCM contracts, building and civil engineering contracts, E&M/equipment supply contracts, PFI and PPP contracts, sub-contracts and joint venture arrangements
  • Negotiation and drafting of consultancy agreements including engineering, FEED and project management agreements
  • Negotiation and drafting of operation and maintenance agreements and long term maintenance and supply agreements
  • Negotiation and drafting of development and entrustment agreements
  • Analysis and reporting on construction documentation for funders, investors, tenants and other interested third parties
  • Drafting of ancillary documentation including bonds, guarantees, warranties and direct agreements

Our risk management and dispute resolution services include:

  • Project advice, analysis and claims mitigation
  • Dispute avoidance techniques
  • Dispute adjudication and dispute review boards (DAB and DRB)
  • Statutory and contractual adjudication
  • Mediation
  • Expert determination
  • Neutral evaluation
  • Litigation in court
  • Arbitration (domestic and international)

We also advise insurers on policy coverage and defend claims against insured entities arising out of insurance policies for construction and engineering projects, including professional indemnity, contractor's all risks, public liability and project-specific or owner-controlled policies (OCIP). We advise those involved in the construction and design process about the structure of the insurance arrangements which are required.

Front-end services
Our team provides advice on procurement methods and the contracting strategies to be adopted for projects together with advice on the appropriate construction and engineering contract to use.

We also advise on the use of standard forms of construction and engineering contract as well advising and drafting bespoke forms of contract including ancillary documentation, such as performance bonds, guarantees, undertakings, collateral warranties, pricing documentation and conditions of tendering.

We work with a number of other groups including the Finance, Real Estate, Mining and Energy groups in reviewing, negotiating and drafting construction and engineering documentation. In particular, we work with our Project Finance Group in drafting, negotiating and reviewing EPC contracts and BOT/BOOT arrangements for projects across the globe, as well as take-off agreements, concession agreements, entrustment agreements, operation and maintenance contracts, and performance security documentation.

Risk management and dispute resolution services
We advise clients how best to mitigate the risk of disputes during the implementation phase and how to use the various dispute resolution mechanisms which are available. This includes representing clients during the pre-action stages, which can result in the successful resolution of claims without recourse to formal proceedings, and, where necessary, using alternative methods such as mediation, expert determination, neutral evaluation, dispute adjudication and review boards, and statutory adjudication in the UK. Where formal proceedings cannot be avoided, we have years of experience acting for clients in local courts, including the specialist Technology & Construction Court in London, and local arbitrations.

As one of the leading global practices, we have an established reputation for representing clients in complex international arbitrations subject to the rules of all the major arbitral institutions. These include UNCITRAL, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the American Arbitration Association (AAA) and its International Centre for Dispute Resolution (ICDR), JAMS, Inc., the Hong Kong International Arbitration Centre (HKIAC), the China International Economic and Trade Arbitration Commission (CIETAC), the Singapore International Arbitration Centre (SIAC), the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Dubai International Arbitration Centre (DIAC) and the International Centre for the Settlement of Investment Disputes (ICSID).

We advise on every type of dispute arising out of construction and engineering projects, such as those relating to payment, valuation and measurement, change orders, delay and disruption, building defects, design and other professional liabilities, contract termination, the insolvency of contractors or owners, and the enforcement of security. We have long-established contacts with all the leading consultants in the industry and can assist clients in finding the best organisation or individual to engage as experts for a particular dispute.

Insurance
Mayer Brown is one of the few global firms also to provide focused insurance law advice. We advise large international insurance companies, Lloyd’s syndicates and those involved in the construction process on the insurance issues arising out of construction and engineering projects throughout the world. This includes advice on the structure of the insurances to be put into place, the type of insurances to be carried by contractors, and the use of project-specific and owner-controlled policies. We draft policy wordings and integrate these with the insurance obligations set out in the construction contracts, and we carry out risk analyses and audits for insurers. We also represent insurers and their insured entities in the defence of claims and the pursuit of recoveries by way of subrogation.

Global experience
We are recognised not only as leading lawyers in our local markets, but we are also acknowledged as one of the leading firms to advise on projects in emerging markets, whether in relation to contract drafting or representing clients in the resolution of disputes. We have been instructed on some of the most challenging construction and engineering projects in Central and South America, Asia, the Middle East and Africa. Our lawyers understand the risks and cultural issues which arise in other jurisdictions, and we have a strong and established network of local lawyers with whom we regularly work.

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