A guide to construction & engineering law

There’s no denying that the world of construction and engineering can be complex. When navigating investment and consultation right through to development and construction, there are many laws and regulations to adhere to.

No matter what field of engineering or construction you’re in — be it civil, mechanic, or chemical — it’s important to have support from a law firm with experience in the sector.

At Hay & Kilner, we’re dedicated to providing open, honest and professional advice. Our team of construction and engineering law experts are on hand to help you through all the moving parts involved in the industry — starting with our practical guide. Read on for our introduction to construction and engineering law.

What areas do construction and engineering law teams cover?

Construction and engineering go hand-in-hand when planning and carrying out building works. They can also be financially, technically, and logistically complex. With this in mind, dedicated construction and engineering law firms cover a wide range of legal issues related to building projects.

The overarching aim of a construction and engineering law firm is to promote industry best practices and protect the interests of developers, architects, contractors, engineers, and any other parties involved in a project

In most cases, solicitors involved in construction and engineering law will be able to support your business in the following areas:

1. Contract law

Before any building can begin, it’s essential to have watertight contracts. A construction law attorney can help with contract negotiations and general procurement to help ensure your business has all the legal paperwork covered.

They will liaise with subcontractors, suppliers, and other parties to discuss contracts and put you in good stead for the project to begin.

2. Disputes

Because construction involves many moving parts and different stakeholders, it’s not unusual for disputes to arise as the project progresses. Although all parties may have a common goal, time constraints, pressure, and regulations can lead to tension and disagreements. These could be related to the contracts, payment issues, delays, or problems with the construction itself.

Whether you’re a developer, contractor, or project manager, it’s wise to speak with a construction law attorney before taking action during a dispute. They can help you decide whether to resolve the dispute via mediation or court proceedings.

3. Claims

Sometimes, disputes lead to claims. For example, you may make a claim to recoup lost expenses after project delays, engineering defects, or missed payments. In these situations, a construction law solicitor can help you prepare and negotiate your claim. They’ll ensure your rights are protected and help you reach a fair resolution as efficiently as possible.

4. Compliance

From health and safety and building codes to environmental considerations, the construction industry is heavily regulated. Failing to comply with these regulations can lead to penalties and legal action. Compliance is also a key factor in keeping your employees safe and happy.

Of course, regulations are always changing, and the best construction law firms keep up to date with the latest updates. They’ll ensure you are aware of any legislative changes so you can stay compliant and mitigate the risk of legal issues.

Contentious v non-contentious construction law

When researching construction and engineering law, you may have come across the terms ‘contentious’ and ‘non-contentious’. But what do they mean, and how do they relate to construction?

In a nutshell, contentious law deals with conflicts, while non-contentious law aims to prevent issues from arising. Contentious issues might include disputes due to contract breaches or project delays, and your solicitor will focus on resolving the conflict through mediation or litigation (court proceedings).

Non-contentious construction law, on the other hand, helps set you up for a smoother building process. It covers areas such as contract drafting, compliance, and risk management.

It’s important to find a construction law firm with experience in both these areas, so you can get a comprehensive service.

Construction and engineering law services from Hay & Kilner

Are you looking for legal support to ensure your construction or engineering project is smooth, efficient, and compliant?

The team at Hay & Kilner has your best interests at heart. As one of the top construction law firms in the North East, we pride ourselves on offering honest and impartial advice. With a proven track record in a variety of industries, we have specialist expertise in resolving contentious issues, making our team your ideal partner when disputes arise. We recognise that every dispute is different, and we’ll ensure we find the right resolution method for you — whether that’s in court or via arbitration or mediation.

Did you know we also offer free 30-minute consultations for Federation of Master Builders members? These half-hour slots will provide you with advice on a range of areas, from contracts to alternative dispute resolutions. Contact us to book an appointment.

Whether you’re in the early planning stages of a construction project and need advice on contract law in the UK or you’re wondering how to navigate a dispute, feel free to get in touch with Hay & Kilner to discuss your needs.