This may not look like the face of disputes in the construction sector, but behind it is a sign of the times.
Law firm Addleshaw Goddard has just announced the hire of Clarissa Smith as partner in its fast-growing construction and engineering team.
The firm explains Smith specialises in cross-sector disputes for clients working within the construction sector, and previously worked at Trowers & Hamlins where her practice focussed on all forms of alternative dispute resolution, adjudication, mediation and the resolution of claims under the pre-action protocol for construction and engineering disputes.
Previous clients have included some of the UK's largest developers, contractors, sub-contractors, consultants and local authorities.
Ally MacKenzie, construction disputes partner at Addleshaw Goddard, explained that given the current climate, he could well imagine an increase in disputes.
He said: ‘The construction industry is one that generally operates on very tight margins. A fall in construction output, therefore, tends to lead to an increase in insolvencies and disputes throughout the supply chain as companies are often unable or unwilling to absorb risk and losses to the same extent as they may be when their order books are full.’
The lawyer, described by clients in Chambers as ‘brilliant and very on the ball’, added: ‘Given the challenges the industry is currently facing in terms of labour and material shortages and price inflation, and the fact that many companies are still feeling the effects of Covid in respect of which government support has now dried up, I see no reason why the predicted downturn won't result in a similar turn of events.’
His advice takes a practical standpoint: ‘Those engaged in the management and delivery of projects should focus on the proactive identification and management of risk with a view to avoiding scenarios that typically lead to a dispute and putting mitigation measures in place for those situations where disputes and issues may be unavoidable.’
‘This is certainly a real priority for our clients at the moment.’
