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Contentious construction work involves the resolution of disputes by way of litigation, mediation, adjudication or arbitration. Non-contentious work involves drafting and negotiating contracts and advising on projects, insurance, health and safety, environmental matters and insolvency. Clients range from industry associations, insurers, contractors, architects, engineers, public authorities and governmental bodies to major corporations and partnerships. Kwadwo Sarkodie opted for a degree in law and politics, attracted in part by the intellectual discipline, but also by the chance to keep his career options open: "I hadn't necessarily decided whether to practise law by then; but as I studied it and enjoyed it, I realised I could productively do it as a job." As so often is the case, it was practical exposure to the different roles of solicitor and barrister that crystallised his career path: "My work experience at a law firm led me to the view that a solicitor enjoyed much more team contact, working alongside people on a longterm basis. I enjoyed the cooperative aspect. My impression of the Bar was that it was slightly more isolated; you're specifically instructed on a matter, you do your bit and then you move on." The prospect of working with clients long term, as well as with internal teams and external experts, swayed him further, and he went on to do his training contract at Wragge & Co: "It was great fun - I got a very good level of broad experience and it was during my time in construction there that I decided that's what I wanted to specialise in." Kwadwo joined Mayer Brown about a year after qualification, in August 2004, and is now a senior associate in the firm's construction and engineering department. He primarily focuses on the contentious side of things, "although I keep my hand in with the odd non-contentious matter". He explains: "The work in our team is very varied; it pretty much runs the whole gamut of construction litigation, including professional indemnity insurance disputes, international arbitration and litigation in the Technology and Construction Court." The team also does a lot of adjudications, a type of dispute resolution unique to the construction industry through which disputes can be settled in as little as 28 days - the idea being to obtain a final decision far more quickly than through court or arbitration. Kwadwo elaborates: "Adjudications are fairly common. Under the statutory rules in place, every construction contract has to allow a party to refer a construction dispute to adjudication at any time. So it's a big feature of what we do. It is generally in relation to money claims, as it's a quicker way of getting funds moving." Operating within the framework of adjudication requires a unique skill set: "It's intense and fast paced; you may need to articulate your client's arguments and answer the other side's points in a matter of days. It's an interesting intellectual discipline to have to marshal all your persuasive points in that timescale. You have really concerted spells of intense work." The day we spoke to Kwadwo, he was issuing proceedings in the Technology and Construction Court for a client which is a tenant in a large office building in the City, "in relation to claims against a consultant and the fitting out of that building to our client's requirements". He was also working on the adjudication of a dispute over the specifications for a water pumping station and advising on issues regarding the services of an architect in relation to the design of a new hospital. A high-profile project in more ways than one, a few years ago Kwadwo advised on construction issues connected to the financing of London Bridge's towering Shard of Glass. He describes looking up at the skyline now as the building takes shape: "It does remind me of what was very hard work at the time, with late nights and a few stressful moments, but I can look at it from anywhere in London and be reminded that the work was all worthwhile. In construction, you're dealing with something that is physically there; you can go on site, see things being built or even have a ride on one of the diggers if you feel like it! Once it's over, there is often a lasting physical reminder of what's been achieved, and with which you as a lawyer have been involved." Kwadwo also relishes the variety of work on offer: "Disputes can arise out of almost anything and there are some very specialised areas of work, which you have to get up to speed on pretty quickly. It's interesting talking to the client and expert witnesses, and working with people who are very knowledgeable in a specific area. It changes with every case; disputes can centre on a fiddly bit of kit that you haven't dealt with before, so you're always learning new things from interesting and passionate people." The statutory framework that determines the rules of adjudication is set to change from October 2011. Kwadwo predicts what this might mean for the industry and the lawyers who service it: "The Housing Grants, Construction and Regeneration Act provides for adjudication and mandatory payment provisions in all construction contracts and is absolutely key to this area - I have something to do with it every week, if not every day. It is due to be replaced in October with a new act called the Local Democracy Economic Development and Construction Act. This will introduce a new regime governing payment provisions and adjudication, and although it won't change the fundamentals, it will tweak things. Everyone will be required to familiarise themselves with that." On the qualities needed to flourish as a construction lawyer, Kwadwo muses: "You must be able to grasp quickly a wide range of complex issues. An eye for detail is important, as is tenacity. And it's essential to be able to pick up a mountain of files in relation to a project and identify what the relevant and important parts of the documents are that are going to affect your client's case. You have to be able to get on with people at all levels - from the expert who knows everything there is to know about a particular form of grouting, for example, to the people on site who are actually putting the building up. An understanding of their point of view and requirements is very important." Finally, Kwadwo hammers home the importance of work placements and gaining some kind of appreciation - however embryonic - of the profession you hope to join: "To decide between the Bar and the solicitor route, it's invaluable to get experience of both. More generally, any work experience you can get is helpful, especially if it's in an industry you want to go into. For example, it is not uncommon for construction solicitors to have previously worked in construction as engineers, quantity surveyors and architects. It's not a prerequisite, but it does help. Keep up to date with developments by reading industry journals, and try to think about what the people where you want to work are thinking about." Put yourself in their shoes - or work boots - and build your career. |
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