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Construction & Procurement
At TC Young we have considerable experience in general procurement advice, ensuring that organisations stay within the general EU procurement principles of transparency, non-discrimination and equal treatment.
· Framing of tender documentation: We provide advice on the framing of tender documentation, including pre-qualification questionnaires for both above and below threshold contracts. We also advise on ensuring the procurement process followed is in accordance with the procurement regulations.
· Interpretation of procurement regulations for RSLs: We have particular experience in the interpretation of the procurement regulations as they relate to the specific contract requirements within the Registered Social Landlord (RSL) sector. This includes circumstances where RSLs are procuring services from, or providing services to, other public bodies themselves or through joint ventures. We have advised a number of RSLs in relation to various challenges under the procurement regulations; including how to deal with contractors and consultants who have been unsuccessful in a tender exercise. We were able to guide our clients through the requirements for debrief and information disclosure in the regulations, to the satisfaction of all parties, successfully avoiding litigation.
· Training: We also provide training on procurement law for RSLs. This gives us an opportunity to discuss challenges faced by our clients on a daily basis in terms of letting contracts, and allows us to ensure that we are keeping clients abreast of the latest developments in this ever changing area of law.
· Contract Frameworks: We advise on the framing of building contracts and have experience in dealing with a variety of standard form building contracts and drafting contract amendments. We are able to advise clients on the requirement for and terminology of collateral warranties, novation agreements, performance bonds, parent guarantees and other ancillary legal documentation in support of any building contract.
· Contract Disputes: We also advise clients in relation to building contract disputes, including insolvency of the contractor, which is becoming more prevalent in the current economic climate. We have represented our clients at both adjudication and in court actions arising from construction disputes. We have raised court actions against contractors and have successfully assisted in arriving at out of court settlements to the satisfaction of all parties, while ensuring that our clients get the best deal. We also advise architects on disputes with contractors where they have been instructed to carry out remedial works and have failed to do so in accordance with their contract obligations.
TC Young has a genuinely down to earth approach, ensuring that we easily balance our clients’ business needs with the requirements of the procurement regulations
Key Contacts
Briefing Notes
