Construction projects can involve significant
investment, time and commitment. There is plenty of scope for things to
go wrong and for disputes to arise.
Very often, disputes arise
during the course of a project. With an ongoing project, it is key to
ensure that the continuing relationship is not hindered by the dispute.
It is crucial therefore, that the most appropriate legal action is taken
to resolve the dispute quickly. We will advise you of the options
available, including court proceedings, arbitration, adjudication,
expert determination and mediation.
The nature of disputes can vary widely, including:
- Defects with work done
- Insolvency of a party
- Failure to pay monies due, during or at the end of a contract
- Changes to and valuation of these changes and variations
- When to down tools
- Warranty claims
Preventative measures can be taken to help avoid disputes by having
clear terms agreed at the outset and ensuring that any variations are
documented clearly. Alternatively, the parties may have entered into a
standard JCT form of contract or a written contract governed by the
Adjudication procedure as set out in the Housing Grants Construction and
Regeneration Act 1996.
In addition, the parties should now comply with the pre-action protocol applying to construction and engineering disputes. You can view the protocol at www.justice.gov.uk
We can assist in advising how best to pursue or protect your position
or reach a commercial settlement of your dispute. We regularly advise
clients on the need to use the pre-action meetings as set out in the
protocol. For further information please contact our Litigation team.
We can also assist with other aspects of development, including acquisition and sale of the site and advice on issues regarding your workforce.