Construction Dispute Management and Resolution

We will always seek to resolve matters without having to resort to formal dispute resolution methods. This will generally involve reviewing the issues and advising our Clients’ of the true value of the account so that it knows what its likely recovery will be. We will then assist in enhancing the account so as to help convince the other party of our Client’s position. We always seek to avoid confrontation, as it does not represent the most economical route to settlement.

If a matter cannot be resolved amicably, for more straight forward disputes we can run the whole process through Adjudication or Mediation, acting for the Referring, or Responding Party. For more complex matters, litigation, or where it is considered appropriate, we will work alongside construction lawyers, whereby we will either act as advocate, or as an independent Expert. We have the benefit of strong personal links with numerous top Construction Law firms.

We have a sound knowledge of Contract Law and its implications on the admissibility of the various Heads of Claims.

We recognise the importance for clear, concise, and well-presented Referrals, Responses, Position Statements and reports. We ensure that the submissions are supported with as much substantiation as possible, to enable us to convince the other party and Adjudicator that our position is correct and that we are confident of our position.

Equally we understand and react to the urgent response needed when a Responding party is “ambushed” by an unexpected Referral.

The Heads of Claim that we are equipped to handle, in respect of both Liability and Quantum, include, but are not limited to:

• Variation Account
• Extension of Time (Forensic Delay Analysis)
• Loss and Expense –
  • Disruption
  • Acceleration
  • Finance Charges
  • Increased Costs
  • Overheads Recovery
  • Loss of Profit
  • Claims Preparation Costs
  • Lost Opportunity
• Interest
• Liquidated Damages
• Wrongful Withholding of Sums Due
• Retention Release

Our knowledge and experience will ensure that when preparing, defending or settling a claim you will not be subject to false expectations. We represent your best chance of achieving a fair and equitable settlement, in the shortest time scale possible.

As part of our Construction Claims Management service we will undertake a risk analysis and discuss this with you in detail, so as to afford you the opportunity of achieving your commercial objectives.