Resolving Construction and Engineering Disputes: How the Right Legal Advice Can Prevent Serious Problems
Resolving Construction and Engineering Disputes: How the Right Legal Advice Can Prevent Serious Problems
Q. Should a client engage a specialist construction and engineering lawyer to resolve construction and engineering disputes?
A. Our advice is that clients should not only use a specialist construction and engineering lawyer to help them resolve disputes, but a specialist should be engaged at an early stage to help them to avoid disputes.
i. A specialist will be familiar with the numerous forms of construction contract deployed in the construction and engineering industries, and the interplay between the various contracts on any given project;ii. They will be familiar with the complexities of the construction and engineering processes and the types of document generated by building projects;iii. They will also be familiar with the special rules that apply to construction and engineering disputes, and the different types of dispute resolution methods available;iv. They will be able to identify the types of expert to engage and when to bring them on board; and v. More likely than not, they will have seen similar disputes in the past; or they will have the specialist toolbox to come up with legal solutions to novel problems.
On occasion we find ourselves acting opposite general litigators. They may be fantastic lawyers but due to a lack of practical experience they will often struggle to get to grips with construction contracts and the methods commonly deployed to resolve construction and engineering disputes.
Q. What is the client’s role in resolving construction and engineering disputes?
A. The client’s role is really of paramount importance. For the best possible outcome there needs to be:i. Trust between the client and the lawyer; andii. Both the client and the lawyer need to foster a collaborative relationship
Before the matter even comes to litigation factors such as: i. The care taken by the client in operating its contracts; and ii. The quality of record keeping by the client
This can be the difference between a good outcome and an unsatisfactory outcome.
Q. Is construction and engineering litigation expensive?
A. Construction and engineering litigation tends to be one of the more expensive types of litigation.i. Construction and engineering projects are complex undertakings involving a lot of different people over a lengthy period of timeii. The amount of documentation generated by a construction project can be vastiii. There are often multiple parties involved, with competing agendasiv. The issues in dispute can be highly technical, requiring input from a number of different experts in order to resolve them
In addition, clients should never underestimate the administrative burden that a major piece of litigation can place on their business. A number of people within the client organisation will need to play an active role throughout the litigation process.
Q. Are there ways to avoid construction and engineering disputes?
A. One of the best methods for avoiding disputes is by investing in good project management. Good project management can take many forms but it will invariably mean:
i. Properly managing the project risk through prudent contract procurement at the outset;ii. Employing the right people to manage the project. These people will be organised, good at record keeping, and will be good communicators;iii. Acting swiftly if problems occur. In our experience those clients who come to us early with their potential disputes, can expect a much higher probability of identifying a satisfactory and cost effective solution;iv. And if they follow our advice they will usually be better prepared if a full-blown dispute becomes unavoidable.
For more information construction and engineering dispute resolution please contact Paul Brampton or another construction and engineering solicitors via email on construction@ibblaw.co.uk. Alternatively please visit https://www.ibblaw.co.uk/service/construction-and-engineering.
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Procurement in Engineering and Construction
