Construction Disputes.

Construction disputes arise from disagreement or misunderstanding between two or more parties. Typically, this is because of a perceived or legitimate violation of a construction contract and the set obligations.

More often than not, if the dispute is not resolved quickly and efficiently it leads to inefficiencies like cost and time overrun for the owner and cash flow constraints for the contractor.

Our construction solicitors can help with all aspects of commercial construction matters. The most common matter types our solicitors assist in are:

• Contractual disputes
• Litigation
• JCT contracts
• Regulatory
• Crisis management
• Health and safety
• Property/commercial premises
• Commercial acquisitions
• Employment law
• Professional discipline (quantity surveyors/architects)

The first step in resolving a construction dispute is attempting to resolve the disagreement amicably. This can be done by discussing the problem with the party in question.

If the dispute cannot be resolved amicably, Alternative Dispute Resolution (ADR) can be used to resolve the disagreement. ADR includes the following three processes:

Mediation

Mediation involves a neutral and impartial person (a mediator). The mediator helps the parties involved find a solution everyone can agree to.

Arbitration

Arbitration is an out-of-court method for resolving a building dispute. The arbitrator is a neutral decision-maker who hears both parties’ stories and then makes a decision about the matter.

Adjudication

Finally, if the above is unsuccessful, adjudication can be used to reach a legal decision. Adjudication is a process that can be used to resolve a construction dispute through the court or justice system.

Depending on the process used to resolve a construction dispute will determine the time scale. Typically, the two processes will involve the following time-scales:

Alternative dispute resolution

If a judge refers a matter to seek ADR processes, a completion date will usually be set by the Judge. Often, the Judge will give 90-120 days to resolve a dispute through ADR.

Litigation

A litigation case is dependent on the type and complexity of the case and the likelihood that the other side is going to defend the claim. If the other party agrees to settle after the pre-claim letter, you may be looking at 1 to 2 weeks. However, if a hearing is required to resolve a dispute, timescales will be affected by when a Judge becomes available to hear your case. Typically, time-frames can be anywhere from 6 months to 2 years.

To give you an idea of costs, if the construction dispute were resolved through mediation (a form of ADR), the cost would be £1,000 per party per day in fees.

If ADR is unsuccessful and you need to take your matter further, you will need to instruct a construction solicitor for at least £300 an hour. For this hourly rate, a construction dispute solicitor will construct your case and represent you in one of the following courts:

• County Court
• The High Court
• Specialist Tribunals & Courts

Our construction solicitors can guide you through the complex aspects of construction law and help you find a positive solution to your dispute.

Please note, each and every construction matter is different and the cost of dispute resolution is entirely dependent on the type and severity of the construction dispute. Therefore, our solicitors will always require an initial consultation first.

We are currently unable to offer legal aid in any capacity as we lack the necessary legal aid certificate. We also don’t offer pro bono work at present.