construction contract and commercial consultants

frequently asked questions

I have a construction dispute, what should I do?

Give us a call or drop us an email. We offer a free initial consultation in which we can quickly identify the issues in dispute and suggest a settlement strategy. From that point you can either follow that strategy yourself, or engage our services.

As you deal with disputes, are you a solicitor?

No, we are experts in construction contracts and construction law.

Do I need a solicitor?

You will need a solicitor to manage your case procedurally if your dispute progresses to litigation. This is because only solicitors are able to represent you in court. For all other dispute resolution forums, such as adjudication, arbitration, mediation, expert determination etc, we are able to represent you without restriction.

I’m not sure if my dispute will ultimately progress to litigation; shouldn’t I use a solicitor anyway?

You can if you wish, however, we work closely and successfully with solicitors whereby we carry out much of the claim preparation work in the background allowing the solicitor to deal with pleading and procedural matters, thus reducing your costs.

What are the advantages in using you?

We have extensive practical experience in construction (with all our team previously being either quantity surveyors, project managers or contract managers) in addition to being qualified in law. This means we can bring that practical knowledge and experience to bear on your dispute; it is likely we have already encountered the problems you are experiencing either in helping others or personally. In addition, as we have low overheads, we are able to offer our expert practical and legal advice at extremely competitive rates. Finally, we are a one-stop shop, rarely needing to engage outside expert assistance for matters of quantum, delay analysis etc. as that expertise lies within. This more streamlined and efficient approach saves you money.

Do you always recommend adjudication or similar?

No. We see such dispute resolution forums as the last resort as often they are expensive and results cannot be guaranteed. We practice ‘dispute’ avoidance rather than dispute resolution and will do everything reasonably possible to obtain resolution of your dispute amicably with as little cost to you as possible.

In current economic times we cannot afford to be adversarial as we may miss out on future work; can you still help?

Yes. We recognise your situation and have encountered it regularly. The best way to be non-adversarial is to comply with the contract with regard to notices and other such requirements. Nowhere is more important than in the matter of payment as since the introduction of the new ‘Construction’ Act, no notice, no payment. Once you have established procedures to deal with this and have put it into practice, the likelihood of you falling into a complicated dispute is significantly reduced. The earlier you get us involved in your project the less likely there will be a problem and your costs will be reduced.

Can you help with establishing those good procedures?

Yes, we can assist you to put into place such things so as to reduce your risk.