In the bustling world of construction, where projects are vast and complex, the importance of integrating legal counsel into day-to-day operations cannot be understated. It is a common misconception within the construction sector that legal advice is a remedy to be sought only when a dispute arises. However, this reactive approach can often lead to costly and time-consuming legal battles. It is imperative for construction companies to realise that engaging legal advisers as part of their regular business practice can significantly reduce the risk of disputes, particularly those arising from variations, valuations, delays, and quality-based disagreements.
The adage ‘prevention is better than cure’ aptly applies to the construction industry’s need for legal counsel. While meticulous documentation, robust contract drafting, and adherence to protocols may seem laborious, they are essential in mitigating risks. In situations where disputes do arise, the process and procedures previously put in place become the focus of scrutiny by adjudicators. A well-documented and legally sound approach can be the difference between a swift resolution and a drawn-out, costly legal battle.
The only constant is change
Construction projects are inherently dynamic, with changes and challenges being a constant feature. Variations in a project, whether in design, materials, or timelines, are inevitable. It is here that the value of legal counsel is most evident. Legal advisers can ensure that these variations are not only documented correctly but are also in compliance with the contractual obligations of all parties involved. This foresight can prevent misunderstandings and disagreements from escalating into full-blown disputes.
Moreover, valuations in construction contracts often lead to contention, especially when there is a divergence in expectations between the client and the contractor. A legal expert’s role in such scenarios is to ensure that the contract clearly defines the methodology for valuations and that any changes are mutually agreed upon and documented, safeguarding all parties’ interests.
The domino effect
Delays in construction can have a domino effect, leading to a cascade of contractual and financial complications. Legal advisers are instrumental in drafting contracts that accurately reflect the possible risks and stipulate clear terms for extensions, penalties, and compensations. This clarity not only manages expectations but also provides a clear path for resolution should delays occur. It quickly descends into a blame game, positions become entrenched, emotions get involved and then relationships are permanently damaged. This not only affects your current position but burns a bridge that need not have been burned.
Quality disputes are another area where legal insight is invaluable. Ensuring that contracts specify quality standards and the recourse for non-compliance can prevent disagreements over workmanship and materials. A well-drafted contract acts as a roadmap for resolution, providing a clear reference point that can be turned to if a dispute over quality arises.
However, when disputes become inevitable, the absence of contractual compliance or a failure to document deviations can lead to a quagmire of legal issues. Construction companies without solid legal backing often find themselves in grey areas where resolving disputes becomes a costly affair, with legal fees mounting and project timelines extending far beyond the expected completion dates.
Don’t wait for the problem
It is crucial for construction companies to acknowledge the significance of legal counsel in their day-to-day operations. Legal experts not only provide guidance in drafting ironclad contracts but also play a pivotal role in dispute avoidance. By embedding legal advice into the fabric of their processes, construction companies can shift from a reactive to a proactive stance, ensuring smoother project execution and safeguarding against the financial and reputational damages of legal disputes.
Nobody wants to pay a lawyer or legal counsel, but it is a necessary part of doing business as disputes will always arise.
Which is better, to pay for the prevention or pay for the cure?
Remember, if you are faced with a construction dispute, Mercantile Barristers will be happy to assist. Do use the enquiry form below to contact us to discuss your matter further.