Case Study for Academy Conversion
“We assisted our client by carrying out a due diligence exercise surrounding ongoing construction of a new build special school which our client was taking the interest in upon completion of the conversion. The local council was procuring the design, construction and completion of the special school before and after the conversion had completed. Notwithstanding that, our client would need to be adequately protected should a defect arise in the works within the next 12 years so that our client had the right to bring a claim against the defaulting party/parties. After completion of the development, as a matter of procurement, our client could not rely on the local council to enforce the terms of the construction documents on our client’s behalf.
We were required to review all of the construction documents used to procure the development by the local council upon which they appointed the consultant team (e.g. architect, structural engineer, building services engineer etc.) and the building contractor to understand what rights our client would have via its collateral warranties with those parties. The documents which we were provided with were part of an overarching procurement framework which the local council had adopted.
Following our review we were able to advise our client as to any difficulties which our client may face should it need to bring a claim against the building contractor/one or more of the professional team which allowed our client to enter into the conversion with their ‘eyes open’ rather than finding out about any difficulties if/when our client actually needed to bring a claim.”
Andrew Perry, Partner & Head of Construction and Engineering at Flint Bishop