Elvira PALOMINO
Legal engineer in railway infrastructure projects
Mediator at the Paris Court of Appeal
Lawyer in France & Peru | Founder of TraINsolutions – epalomino@trainsolutions.fr
Abstract
In major infrastructure projects, evidential traceability has become a key lever for contractual governance, dispute prevention and improved economic performance. This article offers a fresh look at the legal role through the figure of the legal engineer: a hybrid profile combining law, engineering and document management to turn evidence into a structural asset, from contract design to project close-out. This approach not only reduces disputes, but also strengthens decision-making, transparency and institutional legacy.
1. Legal traceability: from defence to prevention
In complex projects, where multiple stakeholders, sensitive technical decisions and intense contractual flows converge, structured evidence management is fundamental. A lack of traceability leads to delays, disputes, cost overruns and loss of public value. Conversely, a well-designed evidential architecture makes it possible to anticipate conflicts, coordinate technical, contractual and legal teams, justify decisions and protect commitments. International experience (such as in Norway and the United Kingdom) has shown that embedding traceability in collaborative systems linked to KPIs, microlearning and PMOs not only improves governance but also reduces hidden costs and strengthens evidence-based decision-making.
In this context, tools such as Aconex have gained prominence for their ability to centralise documentation. However, their effectiveness as a structure for evidential governance depends on how they are configured and used: without clear legal criteria, they risk functioning as mere administrative solutions. Limitations such as unequal access or the lack of contextualised legal interpretation can undermine their value. Traceability therefore cannot remain a residual documentation task. It must be designed from the outset as an essential part of the contract, with a legal and operational approach. The result: fewer disputes, greater efficiency and an organisational culture geared towards proactive evidence.
2. The legal engineer: a preventive architecture of trust
In contrast to the traditional figure of the litigation lawyer, the legal engineer is emerging as a new-generation operator who combines legal, technical and digital skills. Their mission is not to react to conflict, but to prevent it through:
- Translating technical risks into clear contractual clauses.
- Modelling processes and decisions.
- Designing living structures of evidence and traceability.
This approach turns evidence into a strategic instrument. Instead of reconstructing evidence after the conflict, the legal engineer structures it from the outset, ensuring consistency between what was agreed and what is carried out.
In the sector’s own words, the value of the legal engineer lies in their ability to act as an “evidential governance pilot”, fostering dispute avoidance, reducing reaction times to incidents and aligning legal and operational objectives.
In addition, this hybrid profile makes it possible to apply artificial intelligence and data analysis to contract management, optimising document flows, improving change control and strengthening the traceability of key decisions.
3. Traceable decision-making and institutional legacy
At critical moments in a project, a poor legal decision — owing to a lack of context or evidence — can have disproportionate impacts. Here, the legal engineer acts as a decision coach, helping teams decide quickly, clearly and with documentary backing.
Their approach is based on four strategic pillars:
- Client: protects the principal through contractual traceability.
- Margin: reduces hidden costs through robust evidence.
- Community: promotes transparency and coordination between stakeholders.
- Legacy: documents key decisions for future phases or projects.
This last pillar is fundamental. In public projects, where teams change and administrations are renewed, contractual knowledge quickly fades. The legal engineer preserves that knowledge through living documentation standards, archiving systems and contractual memory tools. In this way, the legacy is not only the infrastructure that has been built, but also the accumulated contractual know-how, which is key to future tenders, audits and lessons learned.
4. Conclusion: law as an infrastructure of trust
Thinking of evidence as a defensive mechanism is a mistake. In modern projects, it must be understood as a proactive architecture, integrated into the contract life cycle and geared towards creating public value.
This vision is aligned with international standards such as the UK’s Construction Playbook or the OECD principles on smart public procurement. The benefit goes beyond litigation: it improves governance, facilitates accountability and builds institutional trust.
The legal engineer embodies this transformation. They do not operate from the trenches of litigation, but from design, prevention and the structuring of solutions. They are a key player in the economic performance and legal certainty of public contracts, serving the general interest and smarter governance.
