Conflict Management and Dispute Resolution

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Our team is able to provide you with commercial advice to assist you with dispute avoidance during the project phase. We can advise you on the requisite notices that you (either as the Client or the Contractor or Subcontractor) need to issue to protect your rights under your contracts to extensions of time, loss & expense and liquidated damages as appropriate. We can assist you with drafting Payment Notices, Pay Less Notices, applications for extensions of time and loss and expense.

We are experienced at resolving disputes both informally through negotiation and/or mediation and formally via adjudication, arbitration, or litigation in both the County Court and the Technology & Construction Court in the High Court. We are able to provide early advice on the merits of your claims, limitation and the need for expert evidence. We can advise you on the requirements of and compliance with the relevant Pre-Action Protocols for debt recovery, Construction and Engineering Disputes and Professional Negligence claims. We also offer guidance on the use of the Small Claims (money claims online) procedure for low value disputes.

Our team has particular expertise in adjudication and adjudication enforcement in the Technology and Construction Courts. We can advise you on the applicability of procedure and costs involved in adjudication and how an adjudication decision is enforced.

Our team regularly deals with delay and disruption, and loss and expense claims, professional negligence claims and general breach of contract claims under both bespoke and industry standard construction and engineering contracts, final account and payment claims including claims for variation payments and smash and grab adjudications.

We can advise you on enforcing judgment through the use of bailiffs and other enforcement procedures.

We can assist you by advising you on:

The merits of your potential claim including advice on limitation;
- Compliance with the relevant Pre-Action Protocols
- The need for expert advice including assistance in locating and appointing a suitably qualified expert
- Claims for extensions of time or loss and expense
Disputes arising out of Payment Applications, Payment Notices and Pay Less Notices and Final Account claims;
Claims by Contractors for unpaid fees and valuations and variations;
Warranty claims;
Claims by Employers for damages as a result of defective works and liquidated damages for delay completion;
Whether you have the right to refer your dispute to adjudication;
- The adjudication process and applicable costs · Smash and grab adjudications
- Whether the relevant payment notices have been served under the contract
- The adjudication enforcement procedure
- Claims of professional negligence by construction professionals
- Running claims in the Technology & Construction Court including case management, costs and the disclosure process
- Enforcement options and general risk
- Settlement techniques including Part 36 offers and the mediation process.