When it comes to engaging new consultants or renegotiating contracts with existing consultants, I can advise on the most effective strategy of implementing professional team appointments for your business.
I work closely with clients to ensure that the terms of engagement in relation to hiring a consultant are consistent with industry standards.
It is also important that all consultants appointed in respect of a specific project are engaged on the same basis, without differences in duties of care, dispute resolution and primary duties.
My work involves ensuring consistency of the professional team appointments throughout the sub-contractual chain.
I also work closely with consultants to ensure that, for example, the terms of their engagement in relation to a specific project are reflective of the standard of care that the consultant assumes (i.e. reasonable skill and care, fit for purposes, etc).
This is particularly relevant where a contractor takes on responsibility for designing all or some of the works, for example in a design and build contract, where the standard of care imposed on a professional designer in respect of design obligations are altered.
I also work with both clients and consultants to ensure that a consultant’s collaboration with other consultants is expressly defined or that any requirements to provide collateral warranties or third-party rights are in accordance with market practice.
Establishing whether a professional consultant appointment comes within the The Housing, Grants, Construction and Regeneration Act 1996 as amended (the “Construction Act”) can be important to consultants wanting to exercise their rights under the Construction Act, for example, their rights in relation to payment or suspension.
My work includes advising on the best solution on a project by project basis.
For further information or to discuss a matter, please Contact me.