Focus on the in-house lawyers as a necessary asset

The role of the internal lawyers over the year has evolved beyond the classic paradigm of being the typical advisor consulted to solve disputes. Nowadays, in-house counsel are executives of the company and take a leading role in making decisions that influence the internal dynamics of the business.

Currently, an in-house lawyer must have a broad knowledge of several areas. Especially those of us working on infrastructure projects must not only learn about the law but also about finance, commercial issues, suppliers, and adapting to work in interdisciplinary legal teams. A professor at the Pontificia Universidad Católica de Chile once said: “construction lawyers do legal engineering.” Within the construction industry, you can participate and get involved in several projects simultaneously. Construction law duties include visiting the site, seeing its progress, and liaising with all parties to ensure that everything works according to the contracts. In this context, in-house counsel must gather background information and advice on the strength of the company’s position and the appropriate course of action. The in-house team must be proactive, never reactive and provide improvements in the processes, not only in the legal procedures but also in the operational ones.

To me, being an in-house lawyer means knowing the business perfectly and thinking like directors who accompany managers in their strategic decisions, making it an imperative duty to fully understand the complexities of the business.

Today, the law and construction industry are one of the fastest growing legal institutions in the world. Due to their nature, they are highly susceptible to disputes. Due to its specialty, controversies of this type are generally subject to alternative dispute resolution methods. This upward trend applies above all in the relationship with foreign suppliers so that, once specific requirements are met, the disputes that arise can be submitted to international or local courts depending on the agreed jurisdiction. These global disruptions in the construction industry have been accentuated since 2020 due to the outbreak of the Covid-19 pandemic, the consequences of which have had and will continue to cause impacts throughout the supply chain in the sector.