- 1Construction Law deals with matters relating to the design, construction, operation or maintenance of a building, piece of infrastructure or other asset (including the supply of plant and materials associated with the construction of an asset).
- 2Whether residential, commercial or industrial, every construction project has potential risks and challenges, as well as rewards and opportunities. There are many players involved in a construction project: owners, financiers, design engineers and consultants, contractors, suppliers, subcontractors, project managers and certifiers. Each player needs to understand how to manage their risks, at the same time as optimising their rewards.
- 3On any construction project, you should have three primary considerations: time, cost and quality. These three considerations are interdependent. For example, if you want something done quicker, it will cost more — otherwise, the quality might be lower. On every project, the priority given to these three considerations will differ.
- 4The role of a construction lawyer is to understand the priority of each of these three considerations. They should also ensure that the risk allocation under each construction contract accounts for all relevant factors. This includes the current market conditions, the asset under construction, the restrictions and limitations relating to the project (e.g. site access) as well as the client’s concerns and desires.
- 5It is important to engage a specialist construction lawyer for legal advice. They will apply their knowledge and experience to determine the right risk allocation for the project. This will enable you to effectively manage the potential risks and take advantage of the relevant opportunities.