Construction Law and Dispute Resolution
Guidance around construction litigation and engineering disputes aims to speed things up and making everything simpler and less expensive.
Called the Pre-Action Protocol for Construction and Engineering Disputes, its main aim is to encourage the reciprocal exchange of information between parties at an early stage. We can explain exactly how it works and whether it applies to your case. For example, strict compliance may not be required in relation to a JCT interim payment dispute.
What might happen next?
Poor workmanship – what are my rights?
When there’s an issue over the quality of workmanship, technical issues or the value of work done, expert evidence is usually vital and as building dispute solicitors, we have links with building and construction specialists we can instruct on your behalf.
Mediation, arbitration or adjudication
Courts now expect anyone involved in a construction dispute to at least have had a go at trying to sort things out first using a process called Alternative Dispute Resolution (ADR). This can be anything from a round-the-table chat to the more formal processes of mediation, arbitration or adjudication.
Many commercial construction and engineering contracts have compulsory ADR clauses to force parties to attempt settlement. The recent increases in Court fees provide extra incentive for parties to settle through ADR.
Court – the last resort for building work disputes
When it comes to claims in construction, our aim always is to avoid going to court if at all possible. And even when proceedings are issued, we will work hard to achieve a settlement at the same time.
The Court will set a timetable to resolve a matter at trial with the disclosure and inspection of documents from each side followed by the exchange of witness statements and expert evidence before a trial is listed.
Recovering what you are owed
If the court makes a judgement, as experienced construction solicitors, we can help you make sure it is enforced. For example, if the opponent in the dispute has assets we can help you recover what you are owed with measures including arranging for bailiffs to seize goods, freezing a bank account to have a sum of money paid out and putting a charge on a property to secure your money.
