expertise: commercial disputes management:
construction
Resolving
disputes effectively and efficiently
Legal
disputes are no fun and they can be a severe drain on the
resources of a business. And it's true that construction
disputes can be particularly complicated, long drawn out
and expensive. When a business relationship comes under
pressure and the accusations start to fly, a good lawyer
will protect his or her client and explain and argue, possibly
in without prejudice pre-litigation meetings, the client's
point of view to best effect. But the good lawyer will
also look at the client's case coolly and objectively.
In
any construction dispute we will provide crucial support
in:
-
identifying the amounts in dispute:
getting a feel for the scale of the claim
-
identifying the
issues: understanding what the two sides are alleging,
maybe, - defective design or workmanship,
- critical delay in completion,
- damage to third party property,
- non-payment, or
- undervaluation of applications or other unfair treatment
-
getting at the
facts, getting at the truth of what is alleged: this could involve reviewing
works files
in some detail and talking to the managers and taking
statements from them
-
producing strategies for pursuing
and recovering genuine, sustainable claims
-
advising clients, honestly and early,
of the weaknesses of a case and the need to withdraw
or get out on the best terms available
Pursuit
of Claims There
are a number of methods available. Adjudication
Statutory
adjudication is a creation of the Housing Grants, Construction
and Regeneration Act 1996 which came into force on 1 May
1998. Adjudication procedures are very fast track - the
law requires an adjudicator's decision within 28 days from
notification of the dispute. Adjudication is controversial,
but it is here to stay. Please see our separate page on Adjudication. Arbitration
The
law of arbitration underwent a radical revision a few years
ago with the coming into force of the Arbitration Act 1996.
Arbitrators also have potentially more powers of intervention,
to impose sanctions and to act inquisitorially. Litigation
Civil
litigation procedures also underwent a major overhaul with
the introduction of the new Court Practice Rules in April
1999. Judges have a significantly wider array of case managerial
powers and powers to impose sanctions and strike out cases.
Greater procedural flexibility is not merely encouraged,
but required. Mediation
and ADR
One
of our partners is an experienced mediator, Paul Mountain. We are therefore fully aware of the
advantages of mediation which,
in the
right context, are clear and genuine. Mediation is where
an independent third party helps elicit a settlement without
imposing any decisions or sanctions. We
are committed to resolving construction disputes effectively
and efficiently. We can do this by offering a team of experienced
specialist construction lawyers including trained and accredited
mediators and Fellows of the Chartered Institute of Arbitrators. Our
construction lawyers have been involved in resolving disputes
both in this country and abroad concerning all aspect of
the industry including:
-
PFI/PPP contracts between consortium
members and their consultants
-
major civil engineering projects involving
projects such as a river control scheme, a nuclear power
station and a landfill project
-
building projects involving issues such
as defective workmanship and design, termination of the
contract for poor performance and defective floors
-
professional negligence claims in respect
of architects, quantity surveyors, project managers,
engineers etc
-
insolvency disputes involving the recovery
of money from debtors and from bondmen under performance
bonds
What
next? If
you want to discuss how we can help you to resolve your
disputes or indeed to avoid disputes in the future, please
call either Paul Mountain or Michael
Craik.
key expertise: Paul Mountain
Partner
paul.mountain@martineau-uk.com Michael
Craik
Partner
michael.craik@martineau-uk.com Stephen Belshaw
Partner
stephen.belshaw@martineau-uk.com
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