Construction law folder

Construction Dispute Avoidance & Resolution

Avoiding disputes should be the overriding objective of all parties involved in the build process, and achieving this objective requires communication, awareness, records and most important of all, desire.  Parties should be continually vigilant during the lifetime of the project in order to be able to quickly identify potential disputes, which in turn will allow the matter to be addressed and resolved at the earliest opportunity.  If this strategy is not instigated from the outset, the inevitable consequences are time consuming and expensive disputes.

Construction and civil engineering disputes tend to follow common themes that reoccur many times vis-à-vis time, quality and fiscal issues.  For disputes to be avoided, it is essential that suitable and robust procedures are implemented from the very infancy of the project in order to provide the very best opportunity to avoid disputes.

Dispute avoidance can be achieved by the early implementation of appropriate project controls and monitoring procedures, rather than the time consuming process at a later date preparing or defending claims in a legal dispute. 

In addition, consideration should also be given to drafting a bespoke dispute resolution clause in the contract.  Obviously, a party cannot contract out of statutory adjudication (under the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009), but there is no reason why a contract cannot attempt to avoid instigating formal dispute proceedings by suggesting alternatives such as mediation, conciliation or a third party opinion from an independent and suitably qualified person. 

Construction dispute solicitor

Our experience from being involved in resolving construction disputes, together with our inside knowledge of the construction and civil engineering industries, enables us to offer sound, practical and cost effective advice on how to avoid disputes. 

To speak to a solicitor at Michael Gerard Law about a construction dispute of any kind, call us on 01858 414 290 or alternatively, send us a message.

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