Combustible Cladding Claims Advice for Construction Professionals

With claims around combustible cladding being a relatively new area, construction professionals commonly find themselves confused about their liability where they have been involved in a project containing such cladding.

Our Construction & Engineering team have expertise in this area, which enables us to provide you with clarity about your liability, allowing you to make an informed decision about how you wish to proceed. We will provide realistic advice on the likely outcomes of any action, and all of the options available to you.

Wherever possible, we will seek to resolve a cladding negligence claim in your favour through private negotiation. This is usually the fastest and most cost-effective approach and also helps to protect your reputation as the details of any settlement agreed will be private.

Mediation can be a good option if the parties are happy to work together to agree a solution and are keen to keep the decision making in their own hands. Whether it is appropriate to a cladding negligence claim will usually depend on the issues involved, the willingness of the parties to mediate, and how likely it is that you will be able to agree a positive solution.

Our team can facilitate commercial mediation as well as advice on strategies for mediation and whether any agreement reached through mediation represents a good outcome for you.

If your contract with a construction employer, developer or contractor included an arbitration clause or if the parties to the contract are otherwise happy to consider arbitration, it can provide a final resolution to a cladding dispute, while keeping matters private.

Like any litigation, it is important to have expert legal assistance to prepare your case and to ensure that all relevant factors are considered and no important evidence is overlooked. Our team will be happy to advise you and assist with the preparations for arbitration, as well as advising you on your options if you are unhappy with the outcome.

If Adjudication is a possibility, or if an Adjudication has been notified to you, it is important to seek expert legal advice right away from a team with experience in this fast-moving process. IBB Law’s Construction & Engineering team have supported clients through the construction adjudication process many times over the years, so can provide the right advice to boost your chances of a positive outcome.

Find out more about our expertise with construction adjudication.

If an out of court settlement cannot be agreed (whether through negotiation, mediation or some other form of Alternative Dispute Resolution), it may be necessary to defend a cladding negligence claim in court. Should this be the case, the right legal representation can make all the difference.

Our team have experience representing clients in court at all levels of the English court system. We ensure that your case is carefully prepared with all of the right supporting evidence, so you can be confident that your defence is in safe hands.

Should the court reach an unfavourable decision, we can advise on your right of appeal and represent you through the appeals process.