Construction projects are often complex and require substantial investment of both money and time. This can make them susceptible to disputes as the stakes are high for everyone involved.
When issues do arise, it’s not always obvious who should be held accountable and what the appropriate course of action may be, so having specialist construction solicitors to help you navigate these complexities can save you time, money and help secure the success of the construction project.
Settling Construction Disputes
Whether it’s to protect investment, defend reputation or ensure your livelihood isn’t put at risk, it is in all parties’ interests to resolve disputes and reach settlement as quickly as possible. Specialist construction solicitors will have the expertise to understand the obligations of the parties involved and therefore establish where there may be a negligence that must be addressed.They will support clients to understand a potential claim and advise on the options facing them to resolve anissue.
There are several approaches to thesettlement of a dispute and taking the time to understand each option and how it applies to your specific situation can help you achieve resolution with minimal disruption. Construction solicitors will consider the following options for settling a dispute:
- Negotiation:This aims to avoid any formal litigation and success will be driven by the ability to present a strong case for resolution as desired.
- Arbitration:This is used when all parties agree to be bound by the decision of an independent third party as arbitrator.
- Mediation: An informal process in which a third-party helpsto facilitate a negotiated settlement and hopefully avoid formal legal proceedings.
- Adjudication:This is a contractual or statutory procedure and is a fast-track legal process to resolve disputes by engaging an adjudicator. They will work to a strict timetable to reach a decision that is binding.
- Litigation:If all avenues of dispute resolution fail then litigation is the likely path forward and support with case preparation from a specialist legal construction solicitor will be essential.
Support beyond construction support
Specialist construction solicitors support clients with all aspect of construction, not just dispute settlement. Working with developers, contractors, sub-contractors, consultants and funders in the construction industry they can also support clients with:
- Building Contracts/Sub-Contracts
- Letters of intent
- Development agreements
- Professional appointments
- Collateral warranties and third-party rights
- Performance guarantees/bonds
When to contact a construction solicitor
When you are considering a construction project it is advisable to have an initial conversation with a construction solicitor as early as possible to ensure your projects starts off on the right foot and is managed effectively throughout the project.
Our construction solicitors at GSC apply their specialist knowledge and vast experience to support our clients on all aspects of construction matters. If you have a construction project or issue you would like to speak to one or our team of specialist about, then contact GSC today.