Construction Dispute Resolution

Adjudication is a rapid dispute resolution process which is implied into construction contracts and results in a binding decision, relatively cost-effectively. We act for claiming and defending parties, guiding them through what can be a testing process with the minimum of stress.

Arbitration is a leading form of dispute resolution. Like litigation, it results in a binding and final award, but an arbitration is tailored to the particular dispute and decided by a specialist arbitrator. We act for claiming and defending parties and have extensive experience of arbitration.

We assist with litigation by way of Public Access and Licensed Access granted by the Bar Standards Board, and routinely instruct specialist construction barristers from leading London chambers to represent clients.

Mediation is a consensual dispute resolution process in which an independent mediator seeks to facilitate a settlement between the parties. It continues to grow in popularity due to the success and results it achieves, and its low cost compared to adversarial dispute resolution.

The expense of construction disputes puts some people off claiming the money owed to them – even when they have a very strong case. We have developed a range of dispute funding options to help their clients make successful claims.

We regularly undertake work with an international element, including projects outside of the UK, and for non-UK clients, and understand the sensitivities of operating in different marketplaces.

Disputes can often be avoided by:​

• Ensuring clear and detailed contract documentation.
• Maintaining open and regular communication among all parties.
• Implementing effective project management and record-keeping practices.
• Addressing potential issues promptly before they escalate.
• Engaging in early dispute resolution mechanisms, such as negotiation, mediation or adjudication, when disagreements arise.

• Litigation is a formal legal process where disputes are resolved in court, resulting in a final and binding decision enforceable by law.
• Arbitration involves an independent arbitrator making a final and binding decision outside of court, often chosen for expertise in the relevant field.
• Adjudication involves an independent adjudicator making a binding (but not final) decision outside of court, again often chosen for expertise in the relevant field. It is generally faster and more cost-effective than litigation or arbitration.
• Mediation is a voluntary process where a neutral mediator facilitates negotiations between parties to help them reach a mutually acceptable agreement; the mediator does not impose a decision.

Timelines can vary:​

• Negotiation: Duration depends on the parties’ willingness to reach an agreement.
• Mediation: Usually concluded within a day or a few days.
• Adjudication: Typically resolved within 28 days from the Referral.
• Arbitration: Generally, there is not a fixed timescale. It can take many months, depending on the case’s complexity.
• Litigation: Timescales can range from months to years, subject to court schedules and case intricacies.

Costs vary depending on the method chosen:​

• Negotiation: Typically involves minimal costs, primarily related to the time spent by the parties.
• Mediation: Involves mediator fees, which are generally lower than formal proceedings.
• Adjudication: Can be more expensive due to fees for adjudicators and legal representation, however the limited timescales for adjudication tend to result in lower costs than arbitration or litigation. You are not able to recover your own legal costs if you win, but are not liable for the other side’s costs if you lose. The overall risk of costs is therefore lower than arbitration or litigation.
• Arbitration: Can be more expensive due to fees for arbitrators and legal representation. Some of your costs may be recoverable if you win, but you may be liable for some of the other side’s costs if you lose.
• Litigation: Often the most costly, involving court fees, barrister fees and other legal expenses. Some of your costs may be recoverable if you win, but you may be liable for some of the other side’s costs if you lose. It is quite easy for costs to become the “driving factor” in litigation.

A construction claims consultant provides expert advice on preparing, assessing, and resolving claims, ensuring compliance with contractual obligations.​