SJ Berwin - PLUM 2009

CONSTRUCTION
By Amy Cheung
First year trainee
You may have already studied property law but
have you ever considered how this relates to
building something new? The construction
department is a key component of the real estate
department at SJ Berwin, advising clients on the
construction aspects of high profile projects such
as the redevelopment of Regent Street and the
development of residential blocks at Wembley.
Whether acting for owners, developers, funders,
tenants or contractors, it is important to be aware
of their particular concerns and how those mesh
with overall project objectives in order to protect
our clients’ interests while successfully working
together to deliver the project.
The trainee role involves drafting and negotiating
agreements to appoint the construction team (for
instance the contractor, architect and structural
engineer) and collateral deeds of warranty to
protect the interests of third parties (such as
tenants and funders) who otherwise would not
have direct contractual relationships with the
construction team. We also advise on construction
issues arising throughout the development and
post-completion, assisting in resolving problems
through various dispute mechanisms, working with
others in the real estate department to provide a
fully integrated service.
Trainees are able to build relationships with
clients and third parties through direct contact
on the phone, in meetings and on site visits. You
need good organisational skills to manage the
numerous projects that you will be working on
and the large volume of documents for each
project. If you want plenty of client contact, a lot
of responsibility on diverse projects and to deliver
a tangible end product, SJ Berwin’s construction
department could be the department for you.
PROPERTY LITIGATION
By Robin Biela
Second year trainee
The property litigation department undertakes
a high volume and wide variety of work. This
results in a challenging seat which provides good
experience in a whole range of property litigation
matters. These include a spectrum of Landlord
and Tenant Act issues, lease renewal processes,
dilapidation disputes, sales contract disputes and
break notice advice. In addition, you may come
across collective enfranchisement claims, noise
nuisance claims, squatter evictions, and even
related issues such as professional negligence.
Due to the credit crunch, you may also advise on
the recovery of rental arrears, and on remedies for
breaches of lease.
As in the real estate department, there is a policy
of high-level supervision, so you can expect to be
given responsibility for a number of your own files. In
particular, you will have control of a number of lease
renewal and dilapidations matters. You will need to
be organised, and these responsibilities entail daily
contact with clients from large and important firm
clients including The Crown Estate and British Land.
In addition, you can expect a lot of contact with a
variety of counter parties, such as managing agents,
surveyors and other external solicitors.
As well as day-to-day trainee matters, a number
of more complex and larger matters are likely to
arise during your six months in the department.
You will likely be involved at all levels of these more
demanding cases. During my seat, for example,
I have been lucky enough to assist with two High
Court cases. As such, an array of litigation tasks
have arisen, including trainee favourites such as
bundling, bibling and disclosure. On the other
hand, you will also get the chance to undertake
research into a number of interesting technical
areas, and will likely come into contact with
barristers and other experts in the field. If you are
lucky, you might even get a day or two in court!
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