Construction Dispute Resolution
If you procure, supply or fund any aspect of construction or engineering works or services and get into a dispute we can help you resolve it. We will make sure you are aware of the risks and benefits of each of the dispute resolution options and guide you through every step of the process.
There are a number of options and we look at each in a bit more detail below:
Settlement
We can give you early advice on the strength of your claim (or defence) and how best to avoid the trouble and expense of formal proceedings. We can help you get your tactics right in order maximise the chances of reaching a negotiated settlement without compromising your position should formal proceedings become necessary in the future.
Once a dispute has been settled we can draft documents to record the agreement and ensure all loose ends are tied up allowing you to put the dispute behind you and concentrate on your core business.
ADR/Mediation
It may be appropriate to follow any unsuccessful settlement discussions with a more formal consensual procedure, such as mediation or conciliation, in which case we will make sure you are fully prepared to make best use of the process.
If it is not possible to reach settlement and formal proceedings do become necessary we will guide you through the process, be it adjudication, dispute resolution board, arbitration or litigation.
Adjudication
We can provide early advice on whether your dispute is likely to fall under an adjudicator's jurisdiction. If it does (either because your contract contains specific adjudication provisions or the Scheme for Construction Contracts applies) we can guide you through every step of the process to maximise your chances of getting a positive result. We can represent you at hearings or provide training and guidance if you would prefer to represent yourself.
If you are not satisfied with the adjudicator's decision we can advise you on what options are available to take the matter further. Alternatively, we can take a favourable decision to Court for enforcement.
Arbitration
If your contract provides arbitration as the forum for dispute resolution (or you decide with the other side that arbitration best suits your dispute) we can provide tactical advice on how best to prepare to get the most from the process. We have arbitration specialists familiar with the rules for both international and domestic arbitration who can help you put together your case to best advantage and represent you at hearings as necessary.
Litigation
If Court is the chosen forum for dispute resolution (or arises in the context of adjudication or arbitration enforcement proceedings) we can advise you on how best to prepare your case and evidence. We have lawyers familiar with the specialist Technology and Construction Court who will provide early case management and tactical advice to make sure you comply with the Court's procedures and use them to your best advantage.
We have extensive experience of all forms of construction and engineering dispute resolution.
For disputes with significant IT issues we can involve specialist Burges Salmon lawyers in the Information Technology Litigation team.
All Partners and Associates in
Construction Dispute Resolution.