Dealing with an Agreement for lease and drafting documentation where the same contractor and consultants are employed by Landlord and Tenant

We act for a client who is currently having a large fruit-packing and distribution centre built by its Landlord. Our client plans to fit out the distribution centre once the building is complete. The distribution centre is expected to significantly increase the client’s capacity whilst providing hundreds of job opportunities for the local area.

The construction work which we have been instructed on involves dealing with the Agreement for Lease construction elements. We have also assisted by drafting the construction documentation suite as well as vetting the construction suite for the Landlord.

This particular matter has also presented an unusual element as the same contractor and consultants are being employed for both the Landlord’s works and the client’s works. In order to deal with this correctly for our client it has been necessary for us to carry out a ‘mirroring’ exercise of the construction documents and of Landlord and Tenant obligations in the Agreement for Lease.

This project, which is due to complete next year, is vital to our client as it will particularly affect its ability to grow and maximise its potential.