Disagreements arise in every branch of business. The construction industry is no exception. The likelihood of disagreements arising can be minimised by careful attention to, and understanding of, the wording of documents before binding contracts are formed. We can assist in this process.

Inevitably some disagreements will emerge post contract. Often they will be connected with delays in, or amounts of, payment. Reasons may include delays in performance or completion, quality of work done or quantum (the value of work executed). Disagreements are best nipped in the bud by negotiation before they escalate into fully blown disputes. We can advise on negotiating positions or can make direct representations on behalf of clients. Often such action will resolve the issues and remove any blockage in payments. A dispute will then have been avoided.

Sometimes avoidance measures and negotiations fail and the parties to a construction contract are faced with a dispute. The aggrieved party (often the payee) may decide to give up the fight or to pursue the matter by starting proceedings. The contract documents may prescribe the procedure for the final resolution of disputes: either litigation in the courts or arbitration. Whichever is the prescribed procedure, or if the contract is silent on the matter, a party to a construction contract has a statutory right to refer a dispute to adjudication at any time. There are also other forms of ADR (alternative dispute resolution) including mediation and expert determination.

We can advise at any or every stage of a project. This may be on receipt of tender documents, when a contract is about to be formed, when payments are delayed or reduced, when progress is delayed or prevented or when disagreements arise. We can advise on the strength of a client’s case and on the choice of action. Free initial consultations are available via the Free Consultation form on the Home page.