Construction law

Construction is of huge importance to most economies. In the UK alone the industry’s contribution to GDP is between five and ten per cent and it provides employment for millions of people. It is very high profile – think of all the construction required for the London Olympics – but can also be highly complex. Construction lawyers are needed to act for organisations planning, buying, funding, building or designing construction projects to set up the contracts properly, keep them running smoothly and to provide advice if things go wrong.

A construction law solicitor's work

Construction lawyers act for a variety of organisations, including procurers (such as government bodies, developers, or companies needing new offices or factories to be built); banks and other organisations funding building projects; construction companies and specialist suppliers and subcontractors; and consultants (eg architects) involved in a construction project. The work involved can involve both procurement advice (how to set up the contracting structure for a project in question and drafting and negotiating the contracts required) and claims advice (dealing with claims (such as those relating to delays to completion of a project, or defects in a building) and taking them through litigation or arbitration if necessary).

Construction lawyers always tend to be busy – either because their clients are busy procuring (or tendering for) new projects, or because their clients’ work has slowed down, in which case claims are more common. Construction lawyers need to be able to understand very complex contractual structures and lengthy contracts and advise on them in aclear, succinct and easily accessible way. There is a high degree of interaction with clients (whether in meetings, on the telephone or by email). Clients expect their advice to be very practical and tailored to the issues that arise in the construction sector and their business in particular.

Hours can be long but overnighters are rare. Typical weeks depend very much on the nature of the project and the clients involved. Lawyers dealing with procurement advice can find themselves either negotiating overseas on one particular project for days at a time, or being based in the office negotiating contracts on several different projects by phone, e-mail and in meetings. Similarly, those dealing with claims can find themselves taking witness statements for days at a time (either overseas or within the UK) or providing advice. Construction lawyers usually work in small teams and clients tend to be very sociable so there are plenty of chances to get involved in client entertainment even at trainee level.

Is construction law recession-proof?

Construction has been particularly hard hit in the current recession. Commercial developments (residential and office) have almost ground to a halt although public and large infrastructure projects are continuing. As a result overall there are fewer projects being procured and less drafting work to do.

Conversely, clients are requiring more advice on problems and potential claims.

What skills do construction law solicitors need?

• Strong intellectual and analytical capability.
• The ability to sift through vast amounts of information and identify key points quickly and accurately.
• A keen interest in construction.
• A commercial, pragmatic and approachable outlook.

As a construction law trainee

On the procurement side, trainees may be asked to draft and negotiate contracts, arrange execution of them and help with due diligence. On the claims side, they may be asked to take witness statements and attend court. For both types of work, trainees can also expect to research issues and present findings, help prepare presentations and articles, and attend client meetings. If you are ready for it, there is the potential to take on a high level of responsibility.

Types of law practised

• Contract.
• Insolvency.
• Insurance.
• Litigation/arbitration.
• Procurement.
• Property/planning/environmental.
• Tort.

About the author

VICTORIA PECKETT is a partner in the construction team at CMS CAMERON MCKENNA. She graduated with a degree in law from St John’s College Cambridge in 1991.