Construction dispute resolution
What we do
Our construction law specialists develop strategies to minimise the impact of a dispute. We use skills in effective communication, negotiation, and a deep understanding of construction law to help our clients manage and resolve complex issues, advising on a wide range of disputes which arise from disagreements between parties on delays, valuations, variations and defects.
Our team will think about an exit strategy for a client; always looking to achieve the right result for the client at the earliest stage.
Litigation in the Technology and Construction Court (TCC)
At any one time we often have several cases in the TCC. The TCC is a specialist court where the judges are lawyers who previously practiced in construction law. They are therefore knowledgeable about the issues which arise in construction disputes. Litigation is a costly process, especially in construction disputes, so litigation is usually a last resort.
Adjudication
We have extensive experience in adjudication, acting for both referrers (claimants) and respondents (defendants). Adjudication can be a cost-effective and speedy alternative to litigation for resolving construction disputes. The process involves a third-party adjudicator who reviews the dispute and makes a decision about the issues in dispute. Adjudication is generally suitable for all but the most complex and high value disputes. Unlike litigation, the process allows for individual elements of a dispute to be addressed in isolation. Adjudication decisions are typically enforceable in the TCC, if the losing party does not pay any awarded amount willingly.
Arbitration
We have experience in both domestic and international arbitration. The arbitration process is akin to litigation, but is a private contractual remedy. Arbitration is more common in international contract than it is in domestic contracts. The process involves the appointment of a neutral arbitrator (or panel of arbitrators), who effectively act as judges. Decisions reached in arbitration are usually final and legally binding, with limited grounds for appeal.
