Sector

Construction Dispute Resolution

BUSINESS OBJECTIVES ACHIEVED

Forbes Solicitors' construction dispute resolution solicitors offer expert legal advice on resolving construction disputes. We understand the complexities of construction law and can provide practical and effective solutions to businesses involved in construction disputes. Our construction dispute resolution solicitors can assist with all forms of construction disputes, from breach of contract to professional negligence, and we can provide representation throughout the process. We work with a wide range of clients, from developers to contractors, to ensure that their construction disputes are resolved in a timely and cost-effective manner.

What is Alternative Dispute Resolution

Alternative Dispute Resolution is the process of resolving disagreements or disputes between two or more parties without resorting to litigation. It can include mediation, arbitration, making written offers and counter-offers, joint settlement meetings or a combination of all. It can be used to resolve a wide range of disputes, including commercial, company, shareholder and contract disputes, disputes over ownership or use of intellectual property and disputes relating to how a company, partnership or trust operates and the legal relationships they enter into.

Our expert construction team acts for Employers, Contractors, Funders and Sub-Contractors from both Public and Private sectors in a range of construction disputes. They bring a breadth of knowledge and insight into all sides of the claim or issue.

We understand that the legal landscape is complex, and you need experts to provide straightforward and practical advice. We also appreciate that there is often a real urgency surrounding construction disputes and can provide innovative solutions to get you results as quickly as possible.

Our aim is to work with you as one team to:

minimise risk, cost, and damage to your reputation
achieve a resolution as quickly as possible
minimise disruption to key business relationships where possible; and
get the job done.

Our approach differs depending on the circumstances, but will include elements of the following:

preliminary advice on options and solutions
pre-action protocol meetings
without prejudice negotiations and mediation; and
adjudication, arbitration, mediation, and litigation.

It is our goal to achieve the best possible result for you, whether that be through early without prejudice negotiations, or whether the value of the dispute justifies seeking counsel's opinion at an early stage. We have strong relationships with experienced construction surveyors and barristers.

Construction disputes often revolve around the following issues:

breach of contract
planning
delay and liquidated damages
payments and retention, including pay less notices
variations, including extensions of time
enforcement of collateral warranties, including step-in rights
defects, including latent defects
insolvency of contractors and debt recovery; or
professional negligence regarding quality and workmanship

Why choose our construction dispute resolution solicitors?

Our construction dispute resolution solicitors have extensive experience in handling complex construction disputes and have a proven track record of achieving successful outcomes for our clients. We provide practical and cost-effective solutions tailored to your specific needs, and our team is dedicated to providing exceptional client service. With our in-depth knowledge of the construction industry and legal expertise, we are well-equipped to handle any construction dispute that may arise.

Who do our construction dispute resolution solicitors help?

We help clients involved in construction disputes, including contractors, subcontractors, developers, architects, engineers, and owners.How can our construction dispute resolution lawyers help?Here at Forbes Solicitors our construction dispute resolution lawyers can help by providing legal advice and representation in all aspects of construction disputes, including contract disputes, payment disputes, defects claims, delay claims, and professional negligence claims. We can assist in negotiating settlements, mediating disputes, and representing clients in arbitration or litigation proceedings. Our lawyers have extensive experience in the construction industry and can provide practical and effective solutions to help clients resolve their disputes efficiently and cost-effectively.

Our team of solicitors possesses extensive expertise in providing professional legal services and support for Business Dispute Resolution to clients nationwide. Contact us today to speak with our team.

Additional Information

What are the common types of construction disputes?

Common types of construction disputes include disputes over payment, defects in workmanship or materials, delays in completion, changes to the scope of work, and breach of contract. These disputes can arise between contractors, subcontractors, suppliers, and clients, and may require mediation, arbitration, or litigation to resolve.

How can a construction dispute be resolved?

A construction dispute can be resolved through negotiation, mediation, adjudication, or arbitration. Negotiation involves parties discussing and reaching a settlement without the involvement of a third party. Mediation involves a neutral third party facilitating discussions and helping parties reach a settlement. Adjudication involves a third party making a binding decision on the dispute. Arbitration involves a third party making a binding decision after hearing evidence from both parties. The method used will depend on the nature and complexity of the dispute.

What is the role of a construction dispute resolution lawyer?

A construction dispute resolution lawyer provides legal advice and representation to clients involved in disputes related to construction projects. They help clients resolve disputes through negotiation, mediation, arbitration, or litigation. They also assist clients in drafting contracts and ensuring compliance with construction laws and regulations. Their role is to protect the interests of their clients and ensure that disputes are resolved in a fair and efficient manner.

What are the benefits of using alternative dispute resolution methods in construction disputes?

The benefits of using alternative dispute resolution methods in construction disputes include cost savings, faster resolution, confidentiality, and the ability to maintain relationships between parties. ADR methods such as mediation and arbitration can also provide more flexible and tailored solutions compared to traditional litigation.

How long does it take to resolve a construction dispute?

The length of time it takes to resolve a construction dispute can vary depending on the complexity of the issue and the willingness of the parties to negotiate. it is common for disputes to be resolved through alternative dispute resolution methods such as mediation or adjudication, which can take anywhere from a few weeks to several months. If the dispute goes to court, it can take up to a year or more to reach a final resolution.

Can a construction dispute be resolved without going to court?

Yes, a construction dispute can be resolved without going to court through alternative dispute resolution methods such as mediation, arbitration, or adjudication. These methods are often quicker and less expensive than going to court and are encouraged by the UK government as a means of resolving disputes in the construction industry. However, if these methods fail, court proceedings may be necessary.

What are the legal remedies available for construction disputes?

The legal remedies available for construction disputes include mediation, adjudication, arbitration, and litigation. Mediation involves a neutral third party helping the parties reach a settlement. Adjudication is a quick and binding process where an adjudicator makes a decision. Arbitration is a more formal process where an arbitrator makes a binding decision. Litigation involves taking the dispute to court, where a judge makes a final decision.

How can I prevent construction disputes from arising in the first place?

To prevent construction disputes from arising, it is important to have a clear and detailed contract that outlines the scope of work, timelines, payment terms, and dispute resolution procedures. Communication between all parties should be open and frequent, and any changes to the project should be documented and agreed upon in writing. It is also important to ensure that all parties involved in the project are qualified and experienced. Regular site inspections and quality control measures can help identify and address issues before they become disputes.

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Video length: 2m 25s

To find out what Construction Litigation is and how our team can help you, watch this video and hear Business Dispute Resolution Solicitor, Sheroze Nadeem answer some of our frequently asked questions.