ABSTRACT

One of the unintended consequences of the increasing sophistication of construction contracts has been the increased dependence of employers and contractors upon professionals providing advice in relation to the intricacies of contracts and advice and related services in relation to claims. To a lesser extent this dependence appears in relation to very substantial projects where bespoke contracts are employed and/or there is a complex web of legal relations. Here lawyers acting for both the employer and the contractor are often part of the pre-contract teams. More generally the dependence is exhibited by the use of claims consultants, lawyers and experts to advise and act in respect of contractual claims and the legal processes of conciliation, adjudication, arbitration and litigation. Certainly in relation to larger projects claims consultants, if not lawyers, can be seen to be an integral part of the professional team along with architects, engineers and quantity surveyors.