Construction Dispute Resolution

Complete support for construction dispute resolution

IBB is experienced in the main types of construction and engineering dispute resolution procedures including:

• Mediations
• Expert determinations
• Statutory adjudications
• Contractual adjudications
• Arbitrations
• Litigation (in the County Court, Technology and Construction Court, Chancery Division and the Court of Appeal)

We work with our clients to identify the most suitable expert witnesses to provide advice to the client, and ultimately to assist the judge, arbitrator, adjudicators or mediators to resolve the dispute.

IBB has excellent relationships with some of the leading construction and engineering barristers working in the UK today.

Our easily accessible and spacious Capital Court offices in Uxbridge can be made available to our clients for the conduct of mediations, expert determination hearings, adjudication hearings and arbitration hearings, thereby saving on the cost of hiring ‘arbitration suites’.

Why choose IBB Law as your construction dispute solicitors?

At IBB Law, we can offer you:

• Substantial experience providing legal advice and support to clients of all sizes and from a variety of industries
• Independent recognition of our dispute resolution and construction expertise with rankings in both leading client guides the Legal 500 and Chambers & Partners
• Tailored legal support to achieve the best possible outcome for your case, reflecting the sensitivities and nuances of the circumstances
• An excellent success rate of resolving construction disputes swiftly and cost effectively
• A partner-led service, which provides you with the assurance that you are always receiving the highest standard of support and quality of service

Call today to discuss your needs with our construction dispute solicitors

To discuss your commercial development dispute, please contact a member of our team on 01895 201759, email us at construction@ibblaw.co.uk or contact us via the enquiry form at the top of this page.

Please note: our legal team are unable to provide legal advice without charge. We will provide you with a pricing proposal at the outset and we usually require monies on account before commencing work.

How our solicitors can support you with construction dispute resolution

Mediations

Mediation is a dispute resolution method where the parties involved in a construction dispute meet with a neutral mediator to find an amicable solution to the issue at hand. The mediator’s role is not to offer any specific legal advice, nor take sides. They are simply present to facilitate the conversation and ensure both parties are able to come to an agreement which accommodates their needs and requirements.

This can be an efficient and cost-effective method for resolving construction disputes, but it is important that you are adequately prepared, understand what to expect from the process, and are aware of the steps that need to be taken to secure a positive outcome.

Our construction dispute solicitors can work alongside you to help you prepare for mediation, advising you on the construction dispute laws you should be aware of and what you can do to ensure you are able to make the most out of the process.

Expert determinations

Expert determination is means by which both parties can jointly instruct a third party to decide on an ongoing issue. In construction, it can be a useful method for resolving complex technical disputes which require an in-depth understanding of the industry.

Given that the circumstances for using expert determination can be somewhat limited, it is important that you are clear on when it should be used, and the type of construction disputes it can be most suitable for.

Our construction dispute solicitors can carefully assess your situation and the dispute at hand, weighing this against the position of the other party to establish whether expert determination would be an effective tool.

Statutory and contractual adjudications

Any party in a construction contract may be able to exercise their statutory or contractual rights to refer a construction dispute to an adjudicator. This can be done by issuing a notice of adjudication.

Construction adjudicators will usually be experienced construction professionals, engineers, architects, surveyors, or other professionals within the industry. The process of adjudication is typically faster and less formal than other dispute resolution methods, providing an interim solution so that construction work can continue.

Our construction dispute resolution services include advising on statutory and contractual adjudications and whether they can be appropriately applied to your case. If so, our construction dispute solicitors can then proceed to work alongside you to help establish how the outcome of adjudication could impact the future of the construction project at hand.

Construction dispute arbitrations

Construction dispute arbitration is a private process where an arbitrator, or panel of arbitrators, is appointed to resolve a case. Arbitrators can be appointed directly by one party, by a combination of both parties, or through a third party.

The arbitrators will seek to provide a final solution on a dispute, which will then be put into writing and must be followed by all parties.

Our construction dispute advice includes guidance on arbitration and whether it is well suited to your circumstances.

Litigation (in the County Court, Technology and Construction Court, Chancery Division and the Court of Appeal)

There may be some situations where litigation is the only method that can be used to resolve a construction dispute. While various other forms of alternative dispute resolution are likely to be considered beforehand, the involvement of the courts can provide a definitive conclusion to proceedings.

Our construction dispute solicitors can support you with any litigation that is due to take place, preparing your case for court and offering robust representation where required.

Common questions about construction disputes

What is a construction dispute?

Any disagreements over the terms of a construction contract, proposed work or ongoing work could fall under the umbrella term of a construction dispute. The disputes may not necessarily involve a breach of contract on one side, but the outcome of a dispute could mean that a contract is terminated, leading to works being halted in some instances.

What is dispute resolution in construction?

Dispute resolution in construction is fairly straightforward and intends to achieve exactly what might be expected.

When a construction dispute arises, it will be down to all parties to make arrangements for resolving said dispute. There are various dispute resolution methods which could be used, the most appropriate of which depends on the circumstances of the case and the relationship between the parties.

What are the most common causes of construction disputes?

There are a number of potential causes of construction disputes. Some common causes include:

• Construction contract issues – There may be confusion over the precise terms of a construction contract, one party may have intentionally ignored the terms of the contract, or there is a perceived change in risk allocation.
• Conduct and behaviour – A dispute may not always be directly related to the terms of a contract, or the work being carried out. In some cases, it may relate to the behaviour of one party.
• Delays – Delays are common in any type of construction project. However, where delays occur, the onus is on the responsible party to provide clear notice to any stakeholders. There is a potential to claim damages for significant delays.
• Differing views on specifications – Disputes could arise over whether a construction project has met the goals set out, and whether work has been completed to a sufficient standard.

How long can construction disputes go on for?

The exact time it takes to resolve a construction dispute can vary significantly. This is largely dependent on the complexity of the case and the methods that are being used to find a solution.

You can generally expect a construction dispute that proceeds to court to take much longer than a case which is resolved via mediation and arbitration, for example.

How do you settle a construction dispute?

Construction disputes could be resolved via alternative dispute resolution, such as mediation or arbitration, or through court litigation.

Call today to discuss your case with our construction disputes solicitors

To discuss your commercial development dispute please contact a member of our team on 01895 201759, email us at construction@ibblaw.co.uk or contact us via the enquiry form at the top of this page.

Please note: our legal team are unable to provide legal advice without charge. We will provide you with a pricing proposal at the outset and we usually require monies on account before commencing work.