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Over two months ago I moved into the fourth and final seat of my training contract, which is in the Construction & Engineering team. This was my first choice for my final seat, as it has a core team based in Bristol (where I am from and contracted to) and does a mixture of both transactional and contentious work.
As someone who wants to qualify as a contentious solicitor, but has only done very little transactional work previously, I saw it as a great opportunity to develop some key transactional skills, such as drafting and negotiation, whilst also still getting to develop my contentious practice.
Below I have set out some of my experiences so far in the seat, which I hope will give a brief insight into the typical work which a Trainee Solicitor in the Construction & Engineering team undertakes.
Transactional work
I had not worked on many transactional matters before starting the seat, and I was interested to see how this differed from contentious work.
Within the construction and engineering sector, rather than drafting a contract from scratch, there is an industry-specific suite of contracts (JCT, NEC, etc.) to which we draft a ‘Schedule of Amendments’. This schedule only details any changes or removals from the standard contract, with the rest of the standard contract then executed in connection with the schedule of amendments together as the overall building contract.
Furthermore, there are other additional contracts used throughout the construction process, such as subcontracts, third-party appointments and collateral warranties which I needed to learn about and understand. This was a lot of learning to do at the start of the seat, but as a result I feel like I have really developed my knowledge about how contracts are drafted, negotiated, executed and enforced, which is very valuable in any area of law which involves businesses or contractual relationships.
As well as drafting contracts, I have also been involved in other transactional work including negotiation meetings, due diligence and contract execution. Whilst I do not plan on becoming a transactional solicitor, my understanding of contracts in the construction sector and the more general skills I have built up with this work will be incredibly beneficial even as I seek to transition into a contentious role upon qualification later this year.
Contentious work
My three previous seats have all been primarily contentious in nature, and I am seeking to qualify into a contentious role within the firm. I therefore saw going into the Construction & Engineering team as a great opportunity to not only experience transactional work, but to also retain and continue developing my knowledge and skills in contentious work.
The Construction & Engineering team deals with a variety of disputes which relate to issues such as building defects, project delays, consumer rights and more. Every dispute has an individual set of circumstances and it is always interesting to review a set of facts and evidence, and to turn this into advice or substantive action which will assist the firm’s clients.
One of the highlights of my time so far in this seat has been being involved in an adjudication. Adjudication is a form of alternative dispute resolution which it is mandatory to include provision for in construction contracts. It is very fast paced and results in a binding decision from the adjudicator which must be made within 28 days of the ‘referral’ by the party who starts the adjudication. My work on this so far has been exciting and has involved a high-level of both responsibility and client contact. This has really developed my ability to work both under pressure and to a high standard on contentious matters.
Conclusion
I am glad to have chosen Construction & Engineering as my final seat. The team is warm and welcoming, and I have enjoyed getting a rounded legal training which covers both transactional and contentious matters.
The construction industry is an important part of the UK economy, and as a Trainee within this team I feel like I have been given the opportunity to work with some of the firm’s major clients and be involved with exciting and complex work. This has helped me develop skills which will be very useful following my qualification at the end of this seat.