Hawkswell Kilvington Limited

Hawkswell Kilvington is a niche and award-winning law firm, one of only a handful of firms in the UK whose sole focus is on providing legal services to the construction and engineering industries. We work for a diverse range of domestic and multinational employer, main contractor, sub-contractor and supply chain clients on contracts across the UK and beyond.

Our team of professional and highly experienced lawyers have an up to-date and in-depth knowledge of the latest legal developments, and always adopt a pragmatic, commercial and cost-effective approach. We offer an incredibly personal service, and a high level of partner involvement.

Our contentious team is renowned for understanding objectives and developing effective, practical and commercial dispute resolution strategies. Where formal disputes cannot be avoided, the team have vast experience of dealing with construction related disputes under all forms of construction contract (including JCT, NEC and FIDIC), and in a wide range of forums including adjudication, litigation and arbitration, Specialist solicitors to the construction and engineering industries direct negotiation, early neutral evaluation, and mediation. The team have also successfully enforced and resisted enforcement of many adjudication decisions through the Technology and Construction Court.

Our non-contentious team is known for providing a straight-forward approach to project documentation, always with a view to minimising client risk. We support clients by drafting, advising on and negotiating amendments to all standard forms of construction contract including JCT, NEC and FIDIC, along with more bespoke forms of contracts. They also deal with professional appointments, novation agreements, letters of intent, performance bonds, parent company guarantees, framework and joint venture agreements and warranties. Finally, they provide practical advice on procurement options and regularly help with negotiating project reset documentation, including deeds of variation.

The following are typical of the matters we have successfully handled:

Adjudication

• Representing a main contractor in a significant dispute (involving time and monetary aspects) relating to a high-pressure gas pipeline project. £millions were successfully recovered.
• Representing an internationally renowned contractor in relation to a series of adjudications associated with a £1bn renewable energy project which helps to bring renewable energy from Scotland to homes and businesses in Wales and England. This was coupled with strategic, commercial and detailed legal advice relating to a number of key issues including extension of time claims, liquidated damages, the valuation of variations and significant contra charges that had been levied against the contractor’s account. The agreed strategy and adjudication decisions resulted in a significant eight figure sum being paid.
• Representing a specialist steelwork contractor in a series of successful adjudications against a water utility provider.
• Acting for a major sub-contractor in a complex adjudication regarding extensions of time, loss and expense and the sub-contractor’s right of termination, which resulted in our client being awarded a significant seven figure sum.
• Successfully defending a flooring sub-contractor in adjudication proceedings brought against it by a main contractor in relation to alleged defects in a supermarket floor.
• Successfully defending a main contractor in adjudication proceedings brought against it relating to an external façade system.

Litigation in the Technology and Construction Court

• Successful enforcement of adjudicators’ decisions, such as the recent cases of J Tomlinson Ltd v Balfour Beatty Group Ltd and J B Hopkins Limited v Trant Engineering Limited 
• Acting for a specialist steelwork contractor in a trial of preliminary issues concerning the correct terms of a sub-contract.

Arbitration 

• Defending a main contractor in a final account arbitration brought against it by a specialist sub-contractor.
• Acting on behalf of an international geotechnical company in an ICC arbitration involving a multimillion dollar claim brought by a main contractor in relation to the construction of a highway in the Caribbean.

Mediation 

• Representing a main contractor in a mediation relating to a dispute about the value of variations to its works and facilitating a settlement.
• Representing a main contractor in a multi-party mediation relating to alleged defects in the main contract works.
• Acting for a global geotechnical consultancy in relation to a $31m claim against an offshore engineering sub-contractor which was settled satisfactorily in mediation.

Conciliation 

• Acting for a main contractor in resolving a final account dispute with one of its sub-contractors on a commercially sensitive project.
• Resolving a multi-million pound claim between a main contractor and an employer.

Professional negligence

• Advising a main contractor in relation to a professional negligence claim against a geotechnical consultant in connection with the deficient design and construction of a new retaining wall.
• Advising a main contractor in relation to a professional negligence claim against a structural engineer in connection with the design and construction of a new steel-framed multi-storey car park.

Commercial and strategic advice 

• Advising a main contractor in relation to the design and build of a mixed-use development where significant fire stopping issues had been identified. Our instructions related to defending certain aspects of the claim(s) and pursuing third parties (including the professional team) in relation to the same.
• Assisting the main contractor in relation to its contract to develop the mining infrastructure in relation to one of the most extensive and complicated mining projects undertaken in the UK.
• Advising a specialist subcontractor in relation to significant and complicated sheet piling works on a project implementing a high profile storm water relief system.

Construction procurement 

• Advising a leading UK confectionery manufacturer in relation to their procurement of a new £19m 156,000sq foot production facility on a new industrial park development in the North West.
• Acting for a developer in drafting and advising on all the construction documents in relation to a £35m hotel and residential scheme on the South coast.
• Advising a main contractor on the negotiation of an amended JCT Standard Building Contract for the construction of a £150m office hub for an international financial institution.
• Providing regular construction law support to a global pharmaceuticals company, including drafting and negotiating framework agreements and NEC4 contracts for construction activities relating to safety improvements, asset sustainability and business development.
• Drafting all construction documents and advising a developer in relation to a £26m student accommodation development in Sheffield.
• Advising a gas network operator on updates to its standard siteworks terms which apply to all the new infrastructure works it carries out for customers.
• Acting for a property developer in drafting all construction documents in connection with the construction of a new £15m road junction and related infrastructure to allow access to a site in Coventry in order to build 3,000 new homes.
• Acting for a London-based main contractor in relation to the negotiation of documents including a pre-construction services agreement, main contract, performance bond and compound licence for a £120m development of residential and commercial tower blocks, retail space, leisure space and car parking.
• Acting for a local authority in connection with its Enterprise Partnership scheme, through which it provides finance to housebuilders, by advising in relation to the satisfaction of the funding conditions for the works, including reviewing and reporting on the construction documents prepared by the housebuilders.
• Acting for a high-end fashion label in relation to the fit-out of its new London flagship store.
• Advising a main contractor on the terms of an NEC4 Framework Agreement with the Ministry of Defence for the carrying out of works packages with a value ranging from £1m to £200m and subsequently drafting a suite of subcontract documents to be used when engaging the supply chain pursuant to the Framework Agreement.

Public procurement 

• Acting for a police authority in defending a claim from an unsuccessful tenderer for a new construction project.