ALB JUNE 2024 (ASIA EDITION)

20 ASIAN LEGAL BUSINESS – JUNE 2024 WWW.LEGALBUSINESSONLINE.COM ROUNDTABLE project communication and contracts are very well understood by all stakeholders, and that they all are working together to achieve the common goal. This has helped in reducing delays, managing costs, and more importantly, ensuring that all stakeholders are informed simultaneously. BURY: It may be thought that construction projects are all about concrete and steel, but communication and collaboration are just as important to getting the project completed on time and within budget. Whilst it is correct that the stakeholders have diverse interests, they are aligned on one thing: getting the project completed as efficiently as possible. Issues will arise, and one of the great things about my new role is that I can get involved at an earlier stage to help with the communications between the various stakeholders to try and resolve those issues in a way that is fair and achieves the best outcome. LOO: Effective communication and collaboration among stakeholders are vital to the success of our projects in the company. While virtual meetings have become commonplace, we also prioritise regular physical meetings to ensure all departments are updated on project statuses and to address any pending issues promptly. To streamline communication internally, we have implemented Legal Request Memo System and Document Request Form to ensure efficient communication and thorough documentation, facilitating seamless information flow and minimising misunderstandings. Identifying and pre-empting potential risks in each department is crucial as these areas have their own unique challenges. This proactive approach improves coordination and communication with external parties and stakeholders. The team updates are crucial to ensure we are keeping abreast of legal developments. This helps bridge the understanding between our team and external legal support, fostering effective collaboration in addressing legal issues. Additionally, we leverage technology to support our effective communication efforts. Project management software and collaboration tools are utilised to keep all stakeholders informed and engaged. These tools enable real-time updates, document sharing, and centralised communication, further enhancing our ability to address legal issues promptly and prevent delays or conflicts. ALB: With the increasing focus on environmental sustainability, what legal considerations are prioritised in your construction projects, and how do you manage potential risks? SHASTRY: The UN Framework on Climate Change, various COPs, India, and other Asia Pacific countries’ commitment to sustainability is shaping the decisionmaking of the construction industry. The legal considerations that we have to consider in managing these potential risks can be identified as the sustainability framework (energy efficiency, water conservation, sustainable materials) and the regulations under which we work, choosing the right partners who have a history of compliance with extant environment sustainability norms, preparing a sustainability report and presenting it to our board on a regular basis, specific contractual clauses which goad our partners to our sustainability goals, performance standards, and usage of materials, liability coverages through curated insurance policies, and preparing a database of various construction judgments and precedents not only in India but across the world to understand the judiciary’s approach to various regulatory prescriptions. BURY: Environmental sustainability is a key concern for Gammon and a major focus for the business. The legal team has a close connection with the Gammon environmental team, and we are actively involved in as many of the sustainability initiatives as we can be. We also work with external organisations, such as the Construction Industry Council, on sustainability matters. The environment and legal team are working together with external consultants and law firms on a new initiative to bring some of the learnings from the Chancey Lane Project in the UK into the drafting of contracts in Hong Kong. In terms of managing risks for the projects, in an environmental context this involves ensuring that the projects are kept regularly informed about the changing environmental legislation and the focus of the numerous Government bodies charged with enforcing this legislation. Gammon’s environmental credentials are excellent, but we are always looking for ways to improve. LOO: Amidst growing environmental concerns, our legal team prioritises key considerations to ensure our construction projects are aligned with stringent environmental laws and promote sustainable development. One of our key initiatives is the establishment of robust waste management practices. We ensure that all waste reduction, reuse, and recycling protocols align with local and international environmental regulations to minimise waste and mitigate environmental impact, reducing the risk of non-compliance penalties. Our emphasis on responsible material and pollution management involves selecting eco-friendly materials and implementing effective pollution control measures during construction. Work- “Timely and effective communication is very much required in any industry, especially in construction... In construction, errors in design or implementation could be extremely dear, and undoing them would have huge implications.” — Mukul Shastry, Cube Highways

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