BBA Spotlight Series - Roberto Hernández-García, Construction Lawyer
Roberto Hernández-García, FCIArb, FIDIC Certified is an expert in his field as one of the leading construction lawyers in Latin America and has been involved in some of the most important infrastructure projects as counselor, dispute board and arbitrator.
Q1. At what point in your career did you decide to focus on construction law and why?
On graduating and working at?Corporación?Mexicana?de Asesores en Derecho ,S.C. (COMAD), I worked very close to construction projects and legal matters related to such projects involving claims, arbitrations, expert determinations, and other matters. COMAD worked closely with construction companies doing large projects in Mexico, giving me a strong insight into legal matters regarding the construction industry.?
I decided to formally become a construction lawyer in 2001 when I was invited to the IBA Construction projects Committee. Years later I became the first Latin American Co-Chair.?
Q2. What typical legal challenges do foreign companies face when investing in construction projects in Mexico?
The most significant challenges typically faced by foreign companies relate to the differences in our work culture. In contrast to many other countries, Mexico does not have standard contracts. Additionally, there is no general culture of mediation or alternative dispute avoidance and resolution. Unfortunately, construction projects in Mexico sometimes involve??bad practices, such as, a lack of project administration and even an absence of integrity in projects. For these reasons, foreign companies will likely find cultural differences challenging.
Q3. What has been the most challenging country and/or environment you’ve worked in?
I have worked in Honduras, El Salvador, Panamá, Guatemala, Peru and Argentina. In my experience, the most challenging country to work in was Honduras. It is a beautiful country with great people, but there are many concerns relating to??personal safety and legal matters that make working here somewhat difficult. However, these challenges are, without a doubt, what make construction law exciting and interesting.?
Q4. You Authored the book ‘Construction and Covid-19’ with Wolters Kluwer. What lessons can be learned from Covid-19 and its impact on the construction industry?
Apart from the health crisis, Covid-19 showed us that the whole world can turn upside down in a split second and that we should never take things for granted. With regards to construction contracts, everybody thought that they knew in some way what construction risks were, but COVID-19 showed us that uncertainly is just around the corner, and we need to face it with wisdom.??
Q5. How are future amendments to construction law in Mexico likely to change the landscape of cross border deals regarding construction projects in Mexico?
There has been a lot of resistance from the interested groups to make essential amendments to the public and private construction law. It is important to understand that the industry requires the inclusion of many important issues including matters for example relating to technology and Project Managers. Also, it is absolutely necessary to include efficient mechanisms of avoidance and resolution of disputes in the industry.?
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Q6. You have specialized in this sector for over 27 years now, can you tell me a highlight of your career?
From a professional point of view, the highlight of my career was being part of the international group that was involved in the Expansion of the Panama Canal. This was an incredible project to be a part of; ambitious and challenging, but extremely successful.
From a personal perspective, being proposed and accepted by international colleagues, as Fellow of the American College of Construction Lawyers and of the International Academy of Construction Lawyers, this was a real honor.?
Q7. What would be your career advice to young lawyers who want to specialize in construction law?
First, find out if you are interested in the construction industry and the legal matters related to it. Secondly, follow the route of the national and international construction groups and learn as much as possible about the industry and the legal issues. Then always remember to keep on the track and up to date with the changes.
Q8. Why did you decide to become a member of BBA Deals & Disputes?
Nicolas Borda,?Founder?of BBA, is a very professional and respected friend, and when he told me about the group and it's purpose, I thought it was a great idea. Being part of BBA allows its members to generate a powerhouse and think tank that will allow any client to have very important support with cost effective and professional attention from elite lawyers.?