Construction law
In modern building projects there is huge scope for contractual and professional negligence claims, including claims brought under the adjudication process (see shoptalk below). The barrister’s role is to assimilate often voluminous complex technical material and ascertain, then prove, where a project has gone wrong and who is responsible.
A construction barrister’s work
Construction law barristers generally have ten or more cases ‘live’ at any one time but can become absorbed exclusively in one major case, for which the trial might last many months. Clients include end-users (who might well be new to the world of construction), experienced contractors (often straight-talking, business-savvy individuals) and design professionals such as architects, engineers and surveyors, who may have great pride in the work that is being criticised.
A construction barrister typically spends anywhere from a few weeks to a few months of the year actually in trial; the rest of the time is used preparing statements of case, providing advice on forthcoming cases, and attending conferences. These are increasingly convened on site to help the barrister familiarise himself or herself with the project and the relevant issues. In trial, the court usually only sits for four days a week to allow for preparation and work on other cases on Fridays.
Trials, or intensive periods of negotiation or alternative dispute resolution, can be very demanding. There is generally a huge volume of detail and complex analysis to master and with the advent of adjudication the work is often undertaken to very tight deadlines.
Best and worst aspects of practising construction law
The best aspects of a construction law practice are the challenge and satisfaction of mastering and succeeding in a highly complex technical dispute, often after lengthy tutorial sessions with your appointed technical expert witness and the rest of the team. The worst aspect is probably the volume of material that has to be absorbed, synthesised and recalled, which can sometimes be daunting and involve long hours.
Recent developments in construction law
The concept of adjudication was introduced in 1996. As a result, contractors, employers or construction professionals suffering cash-flow problems need not await the outcome of protracted litigation to resolve disputes but can instead seek an interim determination by a recognised adjudicator in a matter of weeks. Adjudications are effectively mini trials that are commenced, argued, heard and determined in a short space of time (often about a month). The most high profile construction litigation of recent years is that concerning the construction of Wembley Stadium.
Is construction law recession-proof?
The effects of the recession are yet to be fully felt by the construction Bar. There will probably be a squeeze on fees and a greater desire on the part of clients to settle cases on commercial terms wherever possible.
What skills do construction law barristers need?
- A passion for technical analysis.
- An ability to master the detail involved in a technical project.
- Teamwork skills: disputes often involve input from a large team of lawyers and client representatives.
Contruction law pupillages
Pupils are generally not thrown in at the deep end but are given time to develop the analytical and technical skills required for the job. Construction disputes can arise from the smallest of works, so there is always a ready supply of cases for those starting out to cut their teeth on, whether that be running a smaller value claim relating to a kitchen extension or working as part of a larger team on a multi-million pound dispute.
Types of law practised
- Contract.
- Tort.
Annabel Shaw of Four New Square is a politics, philosophy and economics graduate from the University of Oxford. She was called to the Bar in 2002 and practises in construction and professional liability.
