BCR Law LLP
Construction Site
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BCR Law LLP’s Dispute Resolution team was instructed by a local charity in relation to a dispute it was having with its principal contractor over certain works to its Grade 1 Listed premises. The relationship between the charity and the contractor was governed by a JCT contract. The case involved issues as to the validity of payment applications and pay less notices, ‘smash and grab’ adjudications, the enforceability of adjudication awards above the level of a fixed price contract, and other matters. The team, led by Jeremy Heywood, acted in all aspects of the dispute from the initial adjudication, through to Royal Court proceedings and ultimately at mediation where the case settled on a confidential basis to the satisfaction of the client.

BCR Law LLP (BCR) have been providing a Tenant with legal advice and assistance on all aspects of the preparation and negotiation of an Agreement to Lease (conditional on planning consent) and 25 year Contract Lease of a substantial site with a further 25 year tenant option, including all title and boundary enquiries since May 2016. The Agreement to Lease was completed in November 2017 and the Tenant’s planning application was approved over the 2018 Christmas period, subject to satisfactory completion of a Planning Obligation Agreement. During 2019, BCR advised the Tenant on and negotiated the terms of a Planning Obligation Agreement (POA) with the Government of Jersey and, following satisfactory completion of the POA, passed the Contract Lease before the Royal Court of Jersey in June 2019.

For the remainder of 2019, throughout 2020 and into 2021, we have continued to advise the Tenant on the construction stage of development of the Site. This has involved drafting professional appointments, advising on the form of building contract utilised and on collateral warranties and drafting the necessary amendments to standard-form JCT Contracts to ensure they are compliant with Jersey law and to ensure that the suite of contracts work together. This has involved working closely with the Tenant’s UK-based project managers. We are also required to draft and negotiate amendments to the client’s Contract Lease, to take into consideration the procurement structure (which changed since the Contract Lease was finalised), specifically in relation to each contractor’s obligation to take out and maintain professional indemnity insurance.

We are also in the process of formalising a conveyance between the Landlord, the Tenant and The Public of the Island of Jersey (The Public), which is required to be passed before the Royal Court of Jersey to cede a piece of land to The Public, as a condition of the POA.

In addition to this work, BCR have also acted for the Tenant in connection with its sub-lease of part of the Site (the Sub-Lease). The Agreement to Sub Lease conditional on the sub-tenant obtaining planning consent for its proposed works and the Tenant completing certain works at the site was entered into in July 2020 and the Sub-Lease was completed shortly afterwards.

BCR Law LLP has represented local contractors suspected of contravening the health and safety law. Proceedings typically arise out of an incident on site that results in harm or the risk of harm to an employee, sub-contractor or a member of the pubic. Proceedings start with an investigation by an Inspector from the HSI. Their role is to collect evidence of what happened by obtaining witness statements and documentation, e.g. the RAMS document relating to the works. When all the evidence has been collected the Inspector will invite the contractor to the HSI for an interview under caution. This is the contractor’s opportunity to give their account of what happened and why. The Inspector will then prepare a report to submit to the Attorney General who will decide whether or not to charge the contractor. If the contractor is charged they will be required to attend the Royal Court to answer a summons. The contractor can wither admit the charge or contest it at trial. If the charge is admitted or proved the contractor will receive a fine.

The Criminal and Regulatory Team, led by Adam Harrison, has experience advising and assisting contractors with both the investigation and proceedings before the Royal Court.