How to become a Construction Lawyer in UK?
What is construction law?
The area of construction law deals with matters
such as infrastructure, housing, planning permissions and construction and
engineering. The key to understanding construction law is that it has two main
categories: non-contentious and contentious. Below is a brief overview of
construction law and its branches.
Non-contentious work involves negotiating contracts and general
procurement which happens before construction begins. Construction lawyers work
with the people who are initiating the project, the people financing it, the
architects and the companies doing the actual construction.
Construction law becomes contentious when something
goes wrong. The contracts drawn up at the procurement stage set out how disputes
should be dealt with. In an effort to minimise costs, they are usually resolved
through adjudication or arbitration, but if a case goes to court, a specialist
barrister from the construction Bar would be appointed to advocate.
What does a construction lawyer do?
Contract law features strongly in this practice area as construction law
firms are continuously engaged in negotiating and agreeing terms with all
relevant parties. They continue to be involved throughout a project – common
construction law duties include making site visits and liaising with all
parties to ensure everything is running within the contracts.
When things aren’t going to plan, lawyers will be involved in gathering
evidence, advising on the strength or otherwise of their client’s position and
advising on the appropriate course of action, as set out under the terms of the
contract. This may entail instructing counsel and attending proceedings with
the client.
Project lawyers work with project companies, interdisciplinary legal
terms, local government and financial backers to bring large projects to a
successful conclusion in both domestic and international scenarios.
What skills do you need to be a
construction lawyer?
Detailed understanding of the construction industry
as a whole, not just the legal aspects. Knowledge of all industry-specific
contracts, regulations, and procedures. Any experience in related industries
like architecture, engineering or infrastructure would be beneficial.
Strong verbal & written communication and
commercial skills as you will need to draft and review contracts. You will need
to be able to work with a range of legal and non-legal professionals. It also
involves preparing a case, representing clients in court and carrying out any
litigations.
A strategic, analytical and creative approach will
need to break down complex concepts into simple terms.
You need to advise clients on any issues and guide
them through different forms of dispute resolution and knowledge of commercial
and dispute resolution law.
How to become a construction lawyer?
Due to the high level of client contact in construction or building law,
lawyers need to be able to build rapport with a variety of people from
contractors to financial backers and other lawyers. It’s important to see
things from a client’s point of view and offer commercially viable advice in
terms clients can understand.
Contracts in construction law can be complex and technical so
construction lawyers need to have excellent analytical skills and attention to
detail, as well as a good understanding of contract law and tort.
Genuine interest in the sector and a good understanding of the
technology and terminology in the market in which clients operate is important.
Common sense and a practical attitude go a long way in this practice area.
How to study construction law?
Starting your career in construction law is similar to other areas of
law. You need to obtain a qualifying law degree or degree in any other
discipline followed by the Solicitor Qualifying Exam (UK). If you would like to
follow the solicitor pathway, you will need to take a two-year training
contract to apply as a solicitor by Solicitors Regulation Authority (SRA). If
you want to become a barrister, you’ll need to study the Bar Practice Course
(BPC) followed by a year of pupillage.
Construction law is a diverse and interesting legal sector that forms an
important part of the law. Going into construction law will put you on the
front line of many blocks that form society like housing, infrastructure and
the economy. You will also develop mitigation skills and negotiation tactics
when dealing with businesses and developments.
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