Construction law centres around contentious and non-contentious work. The former involves early dispute resolution through settlements, arbitration, third party mediation or, failing that, litigation and adjudication. Non-contentious work involves a range of different tasks, from preparation and negotiation side of building projects and assisting on the procurement of various resources and materials, to advising on environment, insurance and health and safety matters.
Projects might also include: infrastructure projects for roads, hospitals, public amenities, prisons and prisons, or industry-specific projects, such as those related to gas production and hydroelectric plant developments. On each project, construction lawyers will work in collaboration with professionals in project finance and property development to see projects through to fruition.
What is involved in Construction Law?
Construction lawyers are required to negotiate and draft agreements between interested parties, such as property companies, landowners, builders, architects, engineers, contractors and sub-contractors. They will also collaborate with other legal departments in finance and real estate, in order to complete the necessary due-diligence, conditions-precedent and funding of the project. Furthermore, construction lawyers will need to obtain necessary civil and municipal approvals and sanctions from local authorities. They might even monitor the progress of construction projects through periodic site visits and meetings with stakeholders. Finally, on completion and handover of the project, they will assist in the completion of registration and tax formalities.
Contentious practice comes into play when disputes arise at any stage of construction, or after completion. In the past, litigation was resorted to frequently to resolve disputes, given the large amounts of money and certain loopholes in existing law which made it easier to litigate endlessly. But, in recent years, legal reforms and tighter regulation within the industry have ensured that the use of litigation as a means of dispute resolution has been strictly curbed.
The rule of thumb in the construction industry today is that all agreements must have distinct provisions on alternative dispute resolution should future issues arise. Arbitration is a mandatory clause in the newer lot of contracts, and, if it becomes necessary to seek judicial intervention, then the dispute should be resolved through adjudication.
What is needed for Construction Law?
A construction lawyer should be well-equipped with skills in negotiating and drafting procedures, have excellent interpersonal skills and the ability to work in large teams that are made up of different kinds of professionals.
The personal qualities you need include: creative and lateral thought-processes, the ability to breakdown complex structures and concepts into simple facts, and strategic and analytical thinking. Moreover, some technical knowledge and expertise in related professions, such as architecture or engineering, will always be a great asset.
The rewards in this area of law are good and, if you are working for the larger firms, you can even expect six figure salaries within a few years. However, if you want to get there you will need top grades and great work experience.
