Rachel Clarke

Recent Work

• Advising a major housebuilder on the purchase of a large development site whilst simultaneously acting on the sale of part of it to another major housebuilder.  Considerations include deferred payments of the land price secured by Legal Charge; Parent Company Guarantee to secure significant future Section 106 payments and a Collaboration Agreement setting out the parties’ obligations relating to infrastructure works; affordable housing provision; discharge of planning obligations.
• Advising a housing association client on the purchase by way of sub-sale of two sites from a developer who was separately appointing a contractor and professional team for the build.  The main consideration being to de-risk the structure if the developer disappears and the client has to step into the Building Contract and Appointments.
• Acting for housing association clients where the completion of the purchase is subject to a number of conditions being satisfied – securing grant funding; securing satisfactory planning permission; the removal of invasive non-native species (INNS) of plants and the provision of the supporting paperwork including insurance backed guarantee.
• For housebuilder clients, reviewing and advising on existing contractual arrangements during the initial period of economic uncertainty at the outset of the Coronovirus pandemic.