Construction law is one of the more complex areas of UK legislation, particularly for smaller developers and individuals who don’t have in-house support.
It’s also one of the less common specialities for solicitors and other legal professionals, making the skills of a qualified construction law expert sought-after – but when is it time to seek our advice?
Is it always necessary?
The short answer is no, but specialist advice can never hurt.
There are a number of common construction scenarios where specialist legal advice isn’t usually sought, such as:
- Domestic projects – Unless the project is being carried out on a protected building or piece of land, most works to an individual’s home aren’t overseen by a construction law expert
- In-house teams – The largest developers will usually have in-house specialists, meaning they rarely bring in external help
- Low-risk commercial projects – The role of a construction solicitor is to minimise risk, so projects which carry very little innate risk might not require specialist advice.
Is it time to bring us on board?
Most commercial construction projects, however big or small, carry some degree of risk by virtue of their having some form of public-facing concern.
We would therefore advise any commercial client to seek specialist advice, particularly with respect to:
- Contracts – Contracts are in place to prevent disputes and allocate roles and responsibilities, which can be invalid if done incorrectly
- Regulations – Most projects will need some form of planning permission, which can be complicated by protected land or objections from the local area
- Dispute resolution – A qualified construction solicitor should oversee the dispute resolution process, as they’ll have a unique understanding of the needs and obligations of all parties
- Safety and insurance – A specialist can show you what protections you need in place to ensure your project and site are safe and meet legal requirements.
Additionally, the cost of a mistake or claim against your project can outstretch the cost of a construction lawyer many times over, so it is a worthwhile investment!
For advice on your construction project, please contact our team.