What is Construction Law

Construction is a vital part of any economy, it provides employment, infrastructure and home ownership in countries. Construction law is a legal area that deals with matters related to the construction industry, such as contracts, disputes, regulations, and liabilities. The implications span much wider than just building defects or specification disputes.

Stringent legislation governs the rights and obligations of parties involved in construction projects, including contractors, subcontractors, developers, and property owners. Construction law covers a wide range of issues, including contract negotiations, project delays, defects, payment disputes, and compliance with building codes and regulations. 

What do Construction Lawyers do?

Some common disputes that often arise in a construction litigation solicitor’s job include contract disagreements, delays in project completion, disputes over payment, issues with the quality of work or materials or claims for additional costs. These disputes can lead to legal conflicts that may require resolution through mediation, arbitration, or litigation. 

in construction contracts, common payment issues include delays in payment, disputes over progress payments (intermittent payments to be made as the work progresses), where only one party believes that the level of works fulfil pre agreed timeframes and specifications, made once certain stages of works have been completed. 

Adherence to industry standards in construction litigation cases is crucial as it can serve as a defence for the parties involved. The construction lawyer job is to demonstrate that the work performed met or exceeded established industry standards, so to evidence a client fulfilled obligations under the contract. Conversely, if a party fails to meet these standards, it could be used against them in the litigation, as it highlights potential breaches of contract or negligence. Industry standards act as benchmarks for evaluating the quality of work and can significantly impact the outcome of construction disputes in court.

What are common practices and guidelines for Constructions Lawyers?

To demonstrate adherence to industry standards a construction litigation solicitor can outlay documentation showing their client followed the specific regulations, codes, and guidelines relevant to the construction project. This documentation can include project plans, specifications, inspection reports, permits and any correspondence related to compliance with industry standards. 

Moreover, it would be of great help if a company maintained detailed records of quality control measures and safety protocols. It would be prudent to justify any deviations from the standards alongside providing any correspondence attributing to an agreement of this with the other side. These will help in demonstrating adherence to industry standards during construction litigation.

The court typically considers industry standards by examining common practices, regulations, codes, and guidelines that are widely accepted. These standards are established by professional organisations, government agencies, and industry experts. Judges may rely on expert testimony, industry publications, and evidence of customary practices to determine whether a party has met or deviated from these accepted standards. 

What is a Construction Lawyer Job Description?

A typical construction solicitor job description could involve the following (depending on whether or not the role is contentious or non-contentious):

• Providing legal advice on construction projects.
• Drafting, reviewing, and negotiating construction contracts.
• Advising on regulatory compliance and risk management
• Handling dispute resolution through arbitration, litigation, or mediation.
• Collaborating with other professionals, such as engineers, architects, and planners

What are the salaries for Construction Lawyers?

The salaries for a newly qualified solicitor outside of London, or within smaller commercial firms’ ranges between £30,000 to £50,000. In London, based on five years’ experience, a solicitor can expect to earn between £50,000 and £80,000. The average range drastically increases between £65,000 to £1,200,000 when achieving over 10 years’ worth of experience. 

Other pressing news?

There is a huge need for new homes in England, with all major political parties impressing upon this point, it could be expected that there will be strong need for construction, and consequently construction lawyers.