Tom
Pemberton

Director

Clients have the right to expect commercial and pragmatic advice which is delivered within agreed cost and time budgets.

Sectors

  • Construction
  • Energy
  • Civil Engineering
  • Infrastructure
  • Commercial Development

Meet Tom

Tom advises on all stages of procurement and the execution of a wide variety of building, engineering and infrastructure projects in the UK and abroad, including projects of national importance.

Tom offers expertise in drafting and negotiating development agreements, construction contracts, professional appointments and related agreements, building on his experience over many years of advising on high profile construction and infrastructure projects and his knowledge of the domestic and international real estate and infrastructure sectors.

His clients are building owners, developers, funders, contractors and consultants.  Tom recognises the importance of providing “value added” services at no charge, including regular meetings in which to obtain feedback on work carried out and to provide updates on legal developments.

Tom has a longstanding relationship with the Civil Engineering Contractors Association, the representative body for companies who work day-to-day to deliver, upgrade and maintain the country’s infrastructure. Tom drafted the CECA Generic Form of Sub-Contract which was published in September 2020 for use in conjunction with a wide range of standard form and bespoke main contracts. He sits on the CIC Liability Panel, which considers legal issues of interest to construction professionals and others in the industry.

Tom is also a well-known speaker on a wide range of topics, including construction contract forms, alliancing/collaborative contracting, case-law on issues such as contractors’ and consultants’ design liability, the Construction Act (as amended in 2011), and other topics of interest to the construction and engineering industry.  He regularly contributes articles on construction law issues to specialist journals.

Tom is married with two children and he lives in Surrey. He is a long suffering supporter of Charlton Athletic and enjoys cycling, running and playing racquet sports.

Recent Work

  • Advising in the drafting and negotiating of a number of contracts for key works packages in the construction of Hinkley Point C nuclear power station, including the groundworks package and the supply and the installation of an electrical supply back up system; the criticality of these contracts required an in depth analysis of the key risks and the most appropriate ways to manage and mitigate them.
  • Advising on procurement methodology and preparing and negotiating the contracts for the design and construction of various housing, office and commercial projects in the UK, including new builds, refurbishments and fit outs. An important element of this work is ensuring the appropriate allocation of risks such as those arising from the global constraints on the supply of labour and materials following Brexit and the pandemic;
  • Drafting and negotiating the contracts relating to a number of construction and engineering projects internationally, including in the USA and the Middle East; liaising with local lawyers as necessary to ensure compliance with local law.
  • Acting for a number of banks in the financing of various developments. Among others, this has involved advising on the development security aspects of an additional financing package in relation to a large housing development where the project costs exceeded the budget, in order to ensure the successful completion of the project and repayment of the loan.
  • Providing project advisory services including the management of claims and strategies to settle disputes or where this has not been possible arranging for the issue and conduct of dispute proceedings.
"Tom’s legal and industry knowledge are often critical in facilitating a business appropriate risk assessment and decision. This in turn is what we see as value for money. The support and response time we often agree depending on urgency of the matter are always met with a margin.”
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