Dispute Resolution

Active management of disputes at an early stage inevitably leads to a better outcome for all involved; be that a negotiated settlement, or - if there truly are irreconcilable differences - the adoption of a structured and efficient resolution process which minimises risk and wasted cost for all parties.

We combine focussed legal expertise with a strong commercial understanding of the construction industry. We appreciate the wider practical implications of disputes and work closely with our clients to develop tailored solutions which meet their specific needs and objectives.

We begin every matter with a thorough assessment of a clients position, the strengths and weaknesses of their case, and their overall business goals. We prioritize early intervention, exploring all avenues for dispute resolution before resorting to costly and time-consuming court proceedings. This proactive approach often allows matters to be resolved swiftly, efficiently, and with minimal disruption to ongoing operations.

As skilled negotiators and facilitators, we help clients explore ADR options that often lead to a faster and more cost-effective resolution than could otherwise be achieved through litigation. These include:

  • Negotiation: Using our legal knowledge and expertise to negotiate mutually agreeable solutions with our clients’ opponents, or their legal representatives.
  • Mediation: Guiding our clients through the mediation process to ensure they unlock its full potential.
  • Expert Determination: Arranging for the appointment of independent experts to assist parties in reaching a definitive outcome on a disputed technical issue.

With the benefit of our expert advice and guidance on dispute management, our clients are able to minimize disruption to projects, preserve valuable time and resource, maintain positive relationships with other project stakeholders, and ultimately achieve commercially favourable outcomes.

Litigation

Where formal legal proceedings cannot be avoided, it is important to have a legal team which you can trust to guide you through those proceedings with decisive, reliable, and commercially grounded advice.

We understand the intricacies of construction law and provide a strategic, results-driven approach to litigation. Whilst we encourage resolution outside of Court wherever possible, we do not hesitate to advise clients to pursue litigation on those occasions where it presents the most commercially prudent option.

Once litigation has been commenced, it requires meticulous preparation, assertive representation, and a clear focus on achieving commercial objectives.

Our approach to construction litigation is built on the following core principles:

  • Collaborative Partnership: We work closely with clients, acting as their trusted advisors and partners throughout the litigation process. We believe in open communication and transparency, keeping clients informed of every development and ensuring they understand the legal options available to them. We are highly receptive to clients’ concerns and objectives, tailoring our strategy to meet their specific needs.
  • Meticulous Preparation and Presentation: Effective litigation requires meticulous preparation. We invest the time and resource necessary to thoroughly investigate the facts of a matter, gather and analyse relevant documentation, and consult with our trusted industry partners when necessary. We are skilled advocates, adept at presenting complex technical information in a clear and persuasive manner to judges, arbitrators, and other decision-makers.
  • Focus on Commercial Outcomes: Our ultimate goal is to achieve the best possible commercial outcome for our clients. We understand that litigation is not just about winning a legal argument; it is about protecting client interests, minimizing losses, and enabling clients to move forward with their business. We constantly evaluate the costs and benefits of litigation, ensuring that our strategy aligns with our clients’ overall business objectives.
  • Dedicated and Experienced Team: Our team of specialist construction law solicitors has a proven track record of success in complex construction litigation. We are  dedicated to providing our clients with the highest quality legal representation. We stay up-to-date on the latest legal developments and industry best practices, ensuring that clients receive cutting-edge advice and representation.

 

Adjudication

Adjudication can be an effective tool for resolving disputes, or it can be a catalyst for escalation, disappointment, and wasted cost. It is important to have legal advisors who understand the nature of adjudication, and how best to approach it.

Adjudication proceedings are fast-paced and are often commenced against parties with little or no warning. Our expertise in construction law and in the adjudication processes means we can advise clients who are presented with a notice of adjudication promptly and decisively, often securing resolution before irreversible escalation has occurred.

When acting for clients pursuing claims we are able to identify the legal and technical arguments which present opportunity for swift recovery of funds through the adjudication process (often referred to as ‘smash and grab’ claims). Importantly, through our experience we are also able to advise clients on when it is more commercially prudent not to pursue those claims, in favour of wider long-term resolution.

In the event it is necessary to enforce an adjudication decision, or resist the enforcement of one, we provide grounded advice on prospects of success, and are able to represent clients in the Technology and Construction Court throughout the enforcement process.