Expert Interview: A legal eagle eye on the Construction industry

Not everyone employed in Scotland’s construction sector is hands-on, on-site, on time. Ask any foreman and he’ll be able to point out the culprit, usually behind the Portacabin with a copy of the Racing Post and third cup of coffee.

Others, however, are legitimately off-site and behind the scenes. Before any build, large or small, a legal framework must first be put in place and it’s the industry’s lawyers who are the architects, planners and builders in these projects, which can often be more complex than any skyscraper.

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Frazer Wardaugh is one such fellow. A partner in the law firm HBJ Gateley, before becoming a lawyer he was a civil engineer and so has worked in the construction industry for more than 25 years.

Currently, he advises clients on contracts for large construction and infrastructure projects.

We popped along to his offices in Edinburgh and put it to him that on any day in question – sorry, wrong kind of lawyer! – we politely asked him to give a legal eagle’s insight into the world of Scottish construction.

From your own perspective, how healthy is construction in Scotland?

The sector suffered badly during the last economic downturn. In particular, commercial development was hit because of the lack of funding for new projects.

However, it has been obvious during the course of the past 12 months there is an increase in the number of commercial developments getting “out of the ground”.

We work for contractors, consultants, developers and a number of banks and are seeing all of these types of client getting busier. In particular, everyone is glad to see the banks, after a period of obvious constraint, are back in the market in a number of areas, including healthcare, retail and leisure.

What are the main challenges facing employers and those seeking employment?

We are getting feedback on a regular basis from a number of employers – in particular contractors and consultants – that a skills gap appears to have developed over the past six or seven years because, during the downturn, staff training and development was put under strain.

The danger for the construction sector is this could slow down the recovery and growth as many firms simply cannot find the staff to do the increasing levels of work.

Just this week the RICS UK Construction Market Survey said that 63% of respondents in Scotland identified labour shortages as the leading restraint on growth.

Skilled workers and construction professionals are in short supply.

So what can be done to overcome these obstacles?

This is a real challenge for the construction industry – and indeed other industries – as the lack of training and opportunities has left a gap that needs to be filled.

It is likely that graduate and training places will need to be increased and it is also likely to lead to upward pressure on wages. I’ve already had a number of clients mention this.

Also, in my view, government assistance to SMEs to create apprenticeships and on-the-job training would be invaluable. Let’s see what the General Election brings on that one!

What advice would you give to anyone seeking an entry-level job?

The construction industry in the UK is one of the most important industry sectors, if not the most important. I’ve been working in this sector for most of my career and would recommend to anyone to look at all of the opportunities that might be available, no matter what your skill set may be.

You may be a plumber, bricklayer, joiner, electrician or an engineer, project manager, architect or quantity surveyor, but right now the world is your oyster – and it would appear your skills are going to be in big demand.

Any top tips for those wishing to further an established career?

Don’t be afraid to take a risk, if it’s what you want to do.

Finally, what’s the best advice you were ever given about your career?

One, improve your grammar and read a newspaper every day (no, seriously!) and, two, Civil Engineers save more lives than doctors and nurses!

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