Stephen Rayment
Founder, CEO & Group Managing Director
Founder, CEO & Group Managing Director
Systech Law was the first Alternative Business Structure licensed in the construction law sector.
Tier 2 and Tier 3 contractors and subcontractors are Systech Law’s clients – not employers, client bodies or Tier 1 contractors.
Systech Law’s sweet spot in dispute value; larger matters are referred to Tier 1 firms.
Consultants, independent experts and lawyers under a single engagement – the MDP.
Every so often a law firm tells us, politely, that it would rather not instruct a Systech expert because Systech has a law firm. The worry is understandable: nobody introduces a competitor to a client. But it rests on a misunderstanding of how our multidisciplinary practice works, and I want to set the record straight.
Systech combines commercial managers, project controls specialists, delay and quantum experts and lawyers in one practice. Systech Law is licensed as an Alternative Business Structure under the Legal Services Act 2007 – the first ABS in the construction law sector – which is what allows a regulated law firm to sit inside a consultancy group and offer clients a genuine one-stop shop. Our expert witness practice works both alongside Systech Law and, more often, independently for other law firms and their clients.
Systech Law acts for Tier 2 and Tier 3 contractors and specialist subcontractors. It does not act for employers, developers, funders or public client bodies, and it does not act for Tier 1 contractors. Those are the clients of the Tier 1 law firms that instruct our experts. We sit on different sides of the contractual chain, and usually on different sides of the dispute. A Tier 1 firm acting for an employer against a main contractor is not going to lose that employer to Systech Law; we would not act for the employer in any event.
Typical legal adviser: Tier 1 law firm
Systech Law: Does not act
Typical legal adviser: Tier 1 law firm
Systech Law: Does not act
Typical legal adviser: Mid-market or specialist firm
Systech Law: Core client base
Typical legal adviser: Mid-market or specialist firm
Systech Law: Core client base
Nor do we compete on scale. Systech Law’s sweet spot is disputes of roughly US$20 million to US$100 million. The multi-hundred-million international arbitrations on which Tier 1 firms build their practices sit above that band, and we do not seek to lead them.
Because we have long relationships with contractors and subcontractors, we are often the first to see a dispute forming. Where it sits up the line – employer against main contractor – or above our value band, we refer it to a Tier 1 firm. And on occasion, with our client’s blessing, we go further: Systech Law brings the opportunity to a Tier 1 firm and the two of us respond to the RFP together. The Tier 1 firm leads – its brand, its strategy, its oversight. Systech Law works beneath it at a blended rate on the down-the-line issues, the subcontract chain, the records and the claims, and brings in our experts and project controls where they add value.
The client gets a Tier 1 name and strategic direction at a materially lower overall price, with technical depth from a team that understands the contractor’s side of the record from the inside. The Tier 1 firm gains an instruction it would not otherwise have seen. Why would that not be attractive to any employer?
We do not compete with the Tier 1 law firms that instruct our experts. We bring them advisory and independent expert appointments through the Systech MDP.
Appointments a stand-alone expert practice would never see, generated by the MDP’s client relationships and its referrals to Tier 1 firms.
Early sight of disputes, when records can still be secured and the analysis shaped.
Colleagues who know what a tribunal needs from a delay or quantum report, and instruct accordingly.
An expert practice with no interest in the firm’s client base.
A referral relationship that runs towards the firm, not away from it.
Experts who understand the contractor’s side of the record from the inside, whichever party the firm acts for.
Whichever route an instruction arrives by, the expert’s engagement is the same: a separate engagement letter; an overriding duty to the tribunal under CPR Part 35 or the arbitral equivalent; no contingent or results-based fees; reporting lines separate from Systech Law; and information barriers between the expert and legal teams other than through formal instruction. On matters instructed by external firms, Systech Law has no visibility of the matter. These protocols have been tested in cross-examination and have held.
So, friend or foe? If you act for employers, client bodies or Tier 1 contractors, we are not your competitor; we may well be your next referral. If you are weighing up whether to instruct one of our experts, I would welcome the conversation.