Construction & engineering

Contentious construction work involves the resolution of disputes, principally through arbitration, litigation, or mediation. In addition, the construction world has some distinctive dispute processes of its own including adjudication and dispute boards. Non-contentious construction work involves strategic advice on how to structure the parties’ roles and risks in the project, procurement processes by which parties bid to win contracts, drafting and negotiating those contracts and advising on related matters including financing, insurance, health and safety, environmental matters and insolvency. Clients range from developers, project owners, insurers, contractors, architects, engineers, industry associations, public authorities and government bodies to major companies and partnerships.

Construction law hasn’t always been as prevalent and specialist as it is today. In fact, when Francis Ho started his legal career, “many law firms didn’t have a dedicated construction lawyer, let alone a construction department”. Now a partner in Charles Russell Speechlys’ construction, engineering and projects team, Francis can see how much “the knowledge base has expanded”, with specialisation now the norm. “We have project lawyers and specialists in energy projects, cross-border developments and those who do international arbitration.”

Before discovering the world of construction law, Francis completed a mini-pupillage having very briefly considered becoming a barrister; however, he quickly worked out that he’s inherently a people person and finds joy in being part of a collaborative team. Francis also adds: “When I see completed shopping centres or newly constructed electrifying diesel berths at a container port, I feel a sense of pride knowing I contributed to its construction. The tangible outcomes of my work are incredibly rewarding.”

Today, he advises clients on procurement strategies, construction contracts, associated risks and available options, while collaborating with fund managers, start-ups, hoteliers, banks, insurers, architects, engineers, project managers and many others. He adds: “Our clients extend beyond just those in construction and development; even a Premier League football club, a food manufacturer, an airport operator or a green energy company will have construction needs and benefit from an experienced team.”

Under construction

Francis didn’t choose to become a construction lawyer overnight though. Aware of his interest in the business world more generally, he says he’d felt a pull towards corporate law but it wasn’t until his training contract that he “discovered an interest in deeper contractual aspects”. Both the training contract and his experience on the mini-pupillage helped Francis to narrow down his options based on his preferences and interests. It’s not unusual to feel confused about selecting an area of law to qualify into – “it’s a dilemma most face,” Francis confirms.

He reflects on a recent conversation he had with a friend from his training days who’d initially aspired to be a criminal lawyer but now works in-house for a FTSE 100 company as a corporate lawyer. He uses it as a reminder to not “commence a training contract or apprenticeship with inflexible expectations”, advising aspiring lawyers to identify where their passion lies in the vast spectrum of areas that make up the world of law.

The nuts and bolts of construction law

The construction team at Charles Russell Speechlys benefits from the array of projects that its lawyers have been involved with, such as process plants to various types of buildings, tunnels, railways and real estate, which enables the lawyers to pass on valuable insights.

“When issues arise, given the inherent complexities of construction contracts, our role is to advise on contractual positions and troubleshoot. This may involve going to court if things go really wrong or engaging in alternative dispute resolution methods like mediation, negotiation, arbitration or, unique to the UK construction industry, adjudication. However, it’s not uncommon for parties to collaborate to resolve issues amicably.”

He explains: “It’s vital for all parties involved to fully understand what they’re committing to and their respective responsibilities because a successful project benefits everyone.”

Francis’ practice isn’t just limited to the UK either. With skills that are applicable worldwide, he’s also had experience on projects internationally, including across Europe, and the Middle East and Africa. “While construction contracts in regions like the Middle East may be governed by local law, the fundamental concerns of time, cost and quality are universal. So, if the prospect of working abroad intrigues you, construction law can be immensely rewarding.”

Building regulations and technology

Part of a successful construction lawyer’s skill set is the ability to stay up to date with changing regulations and external issues. “I think a lot of people know that building safety has taken centre stage after the Grenfell Tower tragedy in 2017, which exposed flaws in building safety protocols,” Francis says.

Although it’s clear now that “authorities are far more proactive in addressing safety concerns”, this hasn’t always been the case. Looking back on previous cases, Francis recalls working on a hotel acquisition years ago and discovering a fire safety issue. He explains: “This meant that if a fire broke out in a room, it had the potential to spread through the external wall, and horizontally and vertically through the building with the ability to grow quickly. We informed the seller and said: ‘Look, we’re looking to buy this but the most important thing is the safety of the hotel’s occupants – we’re telling you now because we want you to tell the council and the council may well want you to take action to make sure your hotel is safe’. They responded well and informed the council. I expected the council to impose some restrictions on occupation until the hotel was made safe but the council didn’t do anything, which was a big shock to us – this wouldn’t happen now following Grenfell.”

Reflecting on this, Francis says: “Grenfell has led to one of the world’s most rigorous regulatory frameworks. Although, it’s hugely regrettable that such change came only after the loss of many lives.”

Technology is also playing a pivotal role in the transformation of the construction industry, as well as Francis’ work as part of the firm’s construction, engineering and projects team. “As an example, with repetitive design such as motorway design, we can now get AI to tell us, based on machine learning, where the signs up and down the motorway should go. It can tell you where effective placement is by looking at all the data provided.” This digitisation of data is the direction construction is moving. Gone are the days of physical drawings; today, Francis works with 3D drawings that comprise data, which requires “compatibility between architects, engineers and quantity surveyors”, he explains.

“If you have a building with a door that’s being moved two metres across, technology can tell us what the consequences of that adjustment are. For example, does the traffic flow still work for people moving across the building? Does that impact cost? Does it lead to problems with services running in a different part of the building or on that floor?”

As with other areas of law, technology is also influencing the delivery of legal services. Francis cites the explosion of ChatGPT, large language models and the firm’s global innovation team, which he’s part of. This involves “looking at how to maximise technology for the benefit of our clients, including improving efficiency, better processes and delivering more value”.

While recognising the opportunities that technology brings to the profession, Francis is also conscious of the challenges and emphasises that “technological literacy will be crucial” for all lawyers.

Hammering home the advice

On top of technological literacy, “a solid understanding of contract law forms the foundation of technological excellence in this field”, given that construction law is deeply rooted in black letter law. A strong interest in the industry itself and “an appreciation for the perspectives of various stakeholders – from project managers to clients, architects and contractors” – is also at the top of Francis’ list. “This industry knowledge not only enhances your effectiveness as a lawyer, but also makes the work more rewarding when you really understand the importance of what we do,” he explains.

“Self-motivation and personal initiative are key to standing out and excelling,” Francis adds. Part of this comes from accepting and acting on constructive feedback – “it’s there to help you, so take it on board” – as well as making the most of mentorship opportunities and engaging with professional organisations related to your area of law, such as the Society of Construction Law and the Technology and Construction Solicitors’ Association. “These communities provide ongoing learning and support throughout your career, and provide you with a sense of belonging.”

In terms of soft skills, Francis highlights organisation, confident communication and adaptability, before adding that “a good solicitor stays curious, open-minded and responsive” to the nuances they face.