Litigation in construction is a relatively common occurrence, primarily due to the complexity of construction projects and the sheer number of parties involved. At Altion Law, our specialist construction litigation team understands the intricacies of construction law and the practical realities that developers, contractors, subcontractors, and all other interested parties face. We have extensive experience representing clients involved in construction disputes, and a proven track record of resolving such matters swiftly and cost-effectively.
For a confidential free discussion, call us today on 01908 414990, alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.
What types of Issues give rise to Litigation in Construction?
Litigation in construction can arise for a variety of reasons. Some of the most common issues that give rise to disputes in the construction industry include the following:
- Contract Disputes.
The construction contract is the key document governing the rights and responsibilities of the parties involved in a project. Disagreements frequently arise over the interpretation of contract terms, including the scope of work and payment obligations, particularly if those terms are unclear.
At Altion Law, our litigation in construction team frequently assists businesses in navigating contractual disputes. We will review the terms of your contract, advise you on your legal position, and vehemently protect your commercial interests.
- Payment Disputes.
Late or non-payment are common issues faced by businesses operating in the construction industry. It is essential that such matters are addressed as swiftly and decisively as possible to maintain your cash flow and avoid an insolvency situation.
At Altion Law, we have extensive experience in assisting clients embroiled in payment disputes. We employ a range of methods to elicit payment, including negotiations, statutory payment notices and pay less notices, adjudication, and litigation. We always choose the option most suitable in the client’s circumstances, having regard to their needs and priorities.
- Delays
Most construction projects experience delays due to issues such as labour and material shortages, unexpected weather conditions, or adverse ground conditions. Extensive delays can lead to significant financial losses and are a common cause of disputes in the construction industry.
At Altion Law, we understand how problematic ongoing delays can be for your construction project and appreciate the need for prompt action to resolve the issue and get the project back on track.
What are the alternatives to Litigation in Construction?
At Altion Law, we view litigation as a last resort. It is expensive, time-consuming, and uncertain, and we believe that our client’s time and money would be better spent on pursuing their business goals.
There are many forms of alternative dispute resolution methods frequently used to resolve disputes in the construction industry. Many of these methods produce results far quicker than court proceedings and are more cost-efficient. They include the following:
- Mediation
Mediation is a voluntary dispute resolution method that involves the parties exploring settlement terms with the help of an independent third party, known as a mediator.
Mediators are trained professionals, usually with extensive experience in the construction industry and construction disputes. The parties can choose the mediator they feel is most suitable for their circumstances. They can also choose the time, date, and format of the mediation, and this level of control often relieves some of the stress of the situation. If the parties reach a settlement following mediation, they can make their agreement binding by way of a Court Order or a Settlement Agreement.
At Altion Law, we frequently represent construction clients in construction mediation proceedings. We will thoroughly prepare your case beforehand, and our expert construction litigation solicitors will accompany you to the mediation, helping you present your points to the mediator and negotiating the very best settlement terms on your behalf.
Parties to a construction contract have a statutory right to refer a dispute arising from the contract to adjudication. Adjudication is intended to be a quick process that facilitates a timely resolution of an issue, albeit on a temporary basis. The adjudicator usually decides the matter within 28 days, and their decision is binding on the parties until such time as they refer the matter to Court.
Adjudication offers parties involved in an ongoing project an invaluable way of resolving their disputes quickly and with minimal disruption to their project. However, the speed of the process means that it may be unsuitable for more complex disputes, since the parties do not have the opportunity to present detailed evidence or submissions.
While alternative dispute resolution methods like the ones we discuss above can produce excellent outcomes in construction disputes, sometimes litigation in construction is simply unavoidable. Our construction litigation solicitors have significant experience in representing clients in proceedings in the County Court, High Court, and Technology and Construction Court. We are true experts in construction litigation, and we are ideally placed to protect your commercial interests and resolve your dispute.
For a confidential free discussion, call us today on 01908 414990, alternatively email us at Hello@altion-law.co.uk or complete our Free Enquiry Form and we will call you back.
