Wise Up Wednesday “Going Legal” It Doesn’t have to Be This Way!
Case Presentation and Construction Dispute Resolution
Construction Disputes. If you have a problem (not getting paid is usually high on the list), getting the best result possible starts with getting the best possible advice.
You don’t have to “go legal” as many people put it. You can get your construction dispute resolved by putting your case professionally and purposefully and negotiating a favourable outcome.
There are several construction dispute resolution methods that can be used depending on the particulars of your case.
Negotiating Construction Disputes
Putting your case forward and then negotiating professionally is often the simplest method of getting your construction dispute resolved. However, our experience tells us that Specialist Contractors, Trade Contractors and Subcontractors benefit enormously from our expert assistance.
As a party to a construction dispute you can try to negotiate a settlement at any time, whether or not it is provided for in any contract between you and the other party.
Negotiation can be informal and by email, telephone or face-to-face, but it can also be undertaken in a more formal way.
Negotiation can take place at any stage of the dispute and be as quick as the parties want.
Typically, negotiation is private and confidential and in situations where English law applies, the negotiations are subject to the ‘without prejudice’ doctrine. The parties retain control of the outcome as they decide whether the proposed terms are acceptable and give instructions and approve any agreement reached.
Statutory Adjudication For Construction Disputes
The majority of construction disputes can now be resolved by statutory adjudication.
With the right advice, adjudication is a fast and cost-effective method of dispute resolution, and is particularly suitable for resolving payment problems for Specialist contractors, Trade Contractors and Subcontractors.
The entire adjudication process from referral to decision can be completed in under 42 days, unless an extension is mutually agreed between yourself and the party that you are adjudicating against.
Adjudication is a legal process whereby your case is prepared and submitted to an adjudicator who will then decide on the outcome.
If you wish to refer a case to adjudication you must prepare properly and thoroughly in order to create a winnable case. Remember this is a legal process and there is a certain amount of legal formality to be followed, and a few pitfalls to watch out for.
We can advise you about the likely outcome of an adjudication, and provide support in preparing your case, and representing you at all stages of the process, to ensure you have the best possible prospect for success.
You Don’t Have to Go It Alone
Please remember that in addition to our work on-line we are a proper “bricks and mortar” business, not a call centre. We have real people out in the field all over the country, ready to engage with you directly.
Our experience and first-hand knowledge of the construction industry and construction disputes equips us to help you deal cost effectively with whatever challenges may be thrown at you.
Our team have been at the sharp end with National and Local Contractors, Subcontractors, PQS Practices and Specialist Dispute Resolution organisations. We’ve seen the industry from all angles, and we understand the problems that impact your business.
We also understand the need to provide value for money to our Clients and will employ our skills and tailor our service in a way that best suits your needs. Whatever your requirements, our team will provide an effective solution.
How We Can Help You
Our objective is simple. We want to improve the lives of Specialist Contractors. And we do that by bringing you cost effective resources to help make your life easier and your business more profitable.
By working with our Service Delivery Partners across the country, we bring you professional support in all the important areas of your business and especially acting on your behalf to help you to get paid.
And, because we only work with Specialist Contractors, Trade Contractors and Subcontractors, you can be sure that we know the kind of problems you face, and the solutions that work best. Saves a lot of time, and a lot of money.