Construction – Due Diligence

This is the review of another party’s documentation to ensure it contains all the clauses necessary to ensure the proper duties are imposed, that liabilities and obligations are clearly defined, that the necessary provisions for inter alia,  variations, insurance extensions and ownership are included and that there are adequate dispute mechanisms.

Are all the operative provisions such as correctly identifying the parties, the scope of work, price and contract period present and workable?
Do all of the clauses properly cross refer?
You may be a funder providing direct finance to a project and wanting comfort that in the event you have to step in that the contractual provisions will enable you to do so and can then be applied to enable the project to be completed.
It may be project due diligence, meaning we will work closely with the lawyers acting for the other parties to ensure direct agreements are in place and accurately represent the contract and once again protect you the funder.
We also act for purchasers of projects who want to ensure that all steps taken to date have been in full compliance with local laws and that any draft contracts or agreements are drafted in acceptable and bankable terms. We will also make sure provisions exist to ensure the project can actually be built to the time, costs and quality set out in the purchase agreement.
Our experience means we are able to carry out more than just a legal review  because we understand the construction and engineering process and therefore how these contracts and projects actually work in real life. We can identify the risks that may not be evident in the document itself but which nevertheless you need to be protected from or against.

We recognise due diligence is a combination of legal, commercial and practical advice to be delivered in time and cost critical scenarios. We are used to performing in such circumstances and delivering reports on time and to budget.