In-house Construction Lawyer Search Project: A FTSE 100 Case Study
Background
This was a slightly unusual requirement for a construction lawyer since the client is not part of the construction industry. Instead, the client is a FTSE 100 speciality chemicals manufacturer focused on life sciences and consumer care.
Operating in nearly 40 countries, the business had experienced a significant period of growth through strategic acquisitions over the last decade or so and was now embarking on a significant global capital expenditure program following a significant strategic divestment. The business planned to reinvest proceeds into developing and improving manufacturing facilities across multiple territories, including the UK, Asia, and the United States.
Although, the construction work would inevitably require contributions from external construction professionals, there was a realisation that, with capital expenditure set to double, the company would also need a dedicated in-house construction lawyer to coordinate and support this expanding work program.
Challenge
The role presented several unique challenges impacting upon one another:
- This would be the company’s first dedicated construction lawyer, requiring someone with enough experience to establish themselves as the subject matter expert across all regions and operate as a strategic business partner, participating in high-level decision-making from day one – most likely a senior lawyer.
- The position demanded international expertise, particularly with FIDIC contracts, in addition to the more UK-centric standard documentation.
- As with many roles where the corporate HQ is both outside London and set apart from other major commercial centres where construction lawyers are usually found, location can make the market mapping exercise more challenging, in what is a fairly narrow field – and all the more so at senior level. Furthermore, the uniqueness of the role (ie not within traditional construction industry contexts) could have presented hurdles.
Solution
We developed a focused search strategy targeting two distinct candidate pools:
- Construction specialists from leading law firms or boutique construction practices who might be ready to consider their first in-house role; and
- Existing in-house construction lawyers from sectors exposed to significant capital projects (eg energy, infrastructure and construction companies)
Working closely with key stakeholders including the European GC and Global Projects Director, we identified 4 candidates who could demonstrate:
- Deep technical knowledge of construction and engineering contracts;
- International projects experience;
- Strong commercial and strategic thinking capabilities; and
- The ability to work effectively across multiple jurisdictions and cultures.
The successful appointee had started their career in a major international law firm’s construction practice, before moving into the energy industry as an in-house commercial lawyer. They therefore presented our client with extensive experience with both UK and international standard form contracts. They demonstrated the perfect combination of technical expertise and commercial acumen required to establish this new function within the business.
The appointment was completed within 8 weeks, from start to finish, enabling the client to proceed with their ambitious capital investment program in the intended manner.
