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Construction Disputes

June 16, 2021 Civil Litigation,Covid-19

are complex disagreements which arise within the construction sector, often between contractors, private and public sector developers, surveyors, architects and other such professionals, and clients. Often, developers and contractors will seek advice in relation to their construction projects and contracts and procurement procedures at the outset in an effort to avoid disputes. However, there are many cases were issues arise during the construction process. Those who find themselves caught up in a construction dispute should seek expert legal advice from a construction solicitor with working knowledge of construction law and the construction sector. Our dispute solicitors at Jones Whyte are well-placed to provide you with expert advice and to find the best solution to the dispute you find yourself in.

Common disputes in this area involve professional negligence claims against, for example, architects or structural engineers, breach of contract claims against house builders or developers, or damage claims against contractors. Disputes will also often arise in relation to construction contracts and the procurement of projects. In some cases, matters can be capable of resolution without the need for litigation, however, where extrajudicial resolution is not possible, our solicitors can guide you through the Court process. More frequently, alternative dispute resolution (ADR) can be employed to resolve construction disputes.

A common resolution method to construction disputes is adjudication, having become far more commonplace within the industry with the Housing Grants, Construction and Regeneration Act 1996 which conferred a legal right to adjudication in relation to construction contracts. Adjudication is an efficient process of dispute resolution which lasts 28 days, designed to facilitate a swift resolution. It is a handy mechanism which aims to maintain cash-flow during projects until the dispute is resolved.

It can be employed when disputes arise as to defects, delay or disruption in works during construction projects, and can also be used to resolve disputes arising from contract termination or breach. Adjudication will not be suitable for all construction disputes. At Jones Whyte, we can advise you if adjudication is the best option for you and guide you through the process. If adjudication is not appropriate in your case, we will advise you on the alternative methods of resolution available to you which a list of fixed and hourly-rate fees to suit your needs.

If you have found yourself in a dispute in relation to your construction matter, or indeed you wish to take advice on dispute avoidance, contact our offices today and speak to one of our experienced dispute solicitors.

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