There are many fields of law to specialise in. This is because almost every aspect and industry in modern society has its own set of laws governing it, allowing lawyers to develop their knowledge and expertise in a specific field to offer more specialised services in said field.
One of the many fields of law is construction law. This branch of law focuses on matters relating to engineering, building construction, and related fields. It is a unique blend of contract law, commercial law, employment law, tort, and planning law. As construction law is such a unique amalgamation of various fields of law, we decided to take a look at the construction industry to allow you to better understand how to start building your skill set in this field.
The construction industry
Before we take a look at how to start building your skill set in construction law, we thought it would be best to take a look at the construction industry. The construction industry is a vast industry with many moving parts and a diverse array of professionals involved in it. These professionals include engineers, architects, surveyors, project managers and more. Here is a list of some of the skills needed in the construction industry.
Top 10 skills of a construction industry leader
While construction workers are sometimes viewed as unskilled labourers, this is a myth. Construction workers need physical skills like fine motor skills, dexterity, strength, stamina, and more. They also require building skills like welding, masonry, and carpentry, among other skills. Many of these skills are improved through experience or mentorship.
While construction workers aren’t necessarily construction industry leaders, it demonstrates the many skills required in the industry. There are 10 skills construction industry leaders need to succeed:
- Industry knowledge
- Flexible planning
- Communication
- Risk management
- Organisational skills
- Financial management
- Negotiation
- Technological affinity
- Accepting feedback
- Micromanagement avoidance
Construction industry leaders who possess these 10 important skills will able to effectively organise the many moving parts of a construction project, while facilitating collaboration between all parties involved, managing risks and finances, and adapting to the many innovations and changes within the industry. All these are vital to ensuring success in the construction industry.
Skill set in construction law
Now that we have a better understanding of the construction industry and the skills involved in it, we can look at how to start building your skill set in construction law. Broadly speaking there are two areas of the construction industry that you will need to learn to effectively practise construction law. We will examine each of these areas below.
Fundamentals of construction law
The first thing you need to start building your skill set in construction law is to gain a comprehensive understanding of the fundamentals of the construction industry. This includes the life cycle of construction projects, the various professionals involved, and project stages 1 to 6. It also includes the various regulatory bodies and councils in the industry, types of construction contracts, and tender and procurement guidelines.
This is a vital first step in building your construction law skill set, as it gives you an understanding of the construction industry and all its intricacies. This allows you to understand the complex legal framework underpinning construction law which is indispensable when practising in the industry.
Contracts in the construction industry
One of the most important skills an attorney needs is attention to detail, as a great deal of legal work is reviewing different contracts. Construction law is no different, which is why to start building your skill set in construction law you will need an understanding of the many standard form contracts used in the industry. These include the following contracts:
- Joint Building Contracts Committee’s Principal Building Agreement (JBCC PBA): The JBCC PBA is the preferred contract used for building works in the public and private sector in South Africa, Botswana and Namibia. It sets out clear, balanced, and enforceable procedures, rights and obligations intended to protect employers, contractors and subcontractors alike in the industry.
- General Conditions of Contract (GCC): The GCC sets out rights, responsibilities, and relationships between all parties involved in a construction project. It is intended to promote fairness amongst these parties during the project.
- FIDIC Red & Yellow Book contracts: These standard form contracts provide the conditions of contract for various construction projects where the designs are done by different parties. It sets out risk allocation, payment procedures, and claim procedures for a project.
- New Engineering Contract (NEC) and Engineering & Construction Contracts (ECC): The NEC and ECC contracts are formalised systems created by the UK institution of Civil Engineers to guide the drafting of documents in the construction industry. They are intended to stimulate good management of the work involved in the contract and the relationship between the two parties involved in the contract.
With so many standard form contracts unique to the construction industry it is easy to see why to start building your skill set in construction law you need an understanding of these contracts. This will allow you to advise clients and otherwise navigate the complexities of these contracts.
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