- We have been entering into construction and engineering contracts for decades and we never have any negotiating leverage; can the guidance of Constructive Law help us to improve our position?
- We tend to be provided with contracts that have already been prepared by lawyers on the other side; why do we need you too?
- One of our team members is really clued up about contracts and already carries out our contract reviews for us; why do we need you?
- We are happy with, and want to be loyal to, the lawyer we use currently. They cover all areas of legal specialism relevant to our business, except for construction – can you help?
- What I really need is someone accessible at the end of the telephone who will be a “sounding board” when I need to talk through the position I think I have already reached; it would help me be sure that I have considered all the options. Is this something you can do?
- I like to take a long-term approach and in an ideal world I would like to up-skill my own team internally so that in time our need for external legal input will be diminished. Can you help?
1. We have been entering into construction and engineering contracts for decades and we never have any negotiating leverage; can the guidance of Constructive Law help us to improve our position?
This query is regularly cited and we would encourage you to engage with us early, on a “one-off” trial basis if you wish, to give us the opportunity to demonstrate to you how much value we can add. We have many instances of where our up-to-date knowledge of law and practice, coupled with our appreciation of your client’s objectives (as well as your own of course), have enabled us to propose necessary alterations to the contract in a palatable way by which we have facilitated contractual changes for the benefit of them as well as you. It is in nobody’s interests for there to be a mismatch between the contract’s provisions and the commercial reality; our pragmatic approach enables you (and, in some instances, your client as well as you) to reach a more optimal position by flushing out potential issues sooner rather than later; it is a recipe of transparency for securing longevity in your commercial relationships and avoiding expensive disagreements further down the line.
2.We tend to be provided with contracts that have already been prepared by lawyers on the other side; why do we need you too?
Constructive Law is used to advising opposite lawyers who are at the forefront of their field, including leaders in construction and engineering law. Where your client’s lawyers have prepared the documentation, you can be certain that the detailed formulations of drafting that have been used will be those that are in the interests of your client. Sometimes, such drafting may well be in your interests too but there are many instances where it may not be. Experienced in reviewing, commenting on and negotiating contracts of all flavours in numerous commercial contexts, at Constructive Law we are well-placed to highlight to you where and how the drafting is working against your organisation; we couple this with the provision to you of a menu of options for altering the risk profile (with an explanation of each) so that we can help you to decide how best to move forward. This knowledge is powerful; your awareness of the areas of vulnerability to your business render you best placed to manage those risks effectively; armed with our stream-lined input, we can help propel you into a position of strength.
3.One of our team members is really clued up about contracts and already carries out our contract reviews for us; why do we need you?
Several of our clients have a senior member of internal personnel who is well-versed in legal principles and willing to take on the role of “grappling with the detail of the contracts”. This crucial role however can be a lonely one and we regularly provide the back-up support such individuals need so that they can talk through the areas on which they are less secure in their legal knowledge (or where they are aware that their knowledge is somewhat outdated) with an approachable trusted advisor familiar with the pressures they are under and the then current market trends. We have many generic files open to provide precisely this level of support: In simple terms, we supplement and enhance the contract reviews you are used to receiving internally so that the recent changes in the law and the construction market are accounted for and the justification for your stance is adequately explained to your contractual counterparty so that it can ultimately be more persuasive.
4.We are happy with, and want to be loyal to, the lawyer we use currently. They cover all areas of legal specialism relevant to our business, except for construction – can you help?
Yes. At Constructive Law we work collaboratively and provide our clients with the best. If that means that we need to work alongside your current legal advisers and supplement the support they already provide to you with the additional benefits of our niche construction expertise, then so be it! We have very healthy working relationships with the legal practices with whom we have historically adopted (and with those we currently adopt) this approach since this is what provides our mutual client with the best coverage for legal support and advice.
5. What I really need is someone accessible at the end of the telephone who will be a “sounding board” when I need to talk through the position I think I have already reached; it would help me be sure that I have considered all the options. Is this something you can do?
Yes. This type of service is precisely why several of our clients have chosen us. Directors and other senior-level personnel in a variety of businesses across the spectrum of the construction industry will save our DDI on their mobile ready for whenever the requirement for a “talk through” and “a bit of backup” regarding discrete issues of concern is all they need. The world of law has changed and one of the many ways in which Constructive Law exemplifies a modern client-centred approach to the delivery of legal services is through our willingness to advise on discrete issues in this “informal” way. We have many “General Construction Queries” files opened for this purpose, in readiness for the (often urgent) ad hoc calls and emails from client personnel seeking succinct practical input regarding a discrete issue they are facing at whatever time of the day/night.
6.I like to take a long-term approach and in an ideal world I would like to up-skill my own team internally so that in time our need for external legal input will be diminished. Can you help?
Yes. We are very experienced at the preparation and delivery of bespoke training packages, tailored to the needs of specific businesses at specific posts in their lifecycle. Training multidisciplinary in-house teams is one of the most rewarding elements of the construction legal support we provide and we routinely receive delegate feedback confirming the value added and the exceptional development opportunities this has supplied. We pride ourselves on our ability to assess the knowledge already possessed within your team, harness it, supplement it (filling in the “gaps” along the way) and build on it to generate an up-to-date bank of relevant knowledge that is “fine-tuned” in light of the current law and market practise so as to optimise its benefit to your organisation.
