The UK construction sector is one of the most dynamic and vital parts of the economy, but it is also one of the most complex. Projects often involve multiple parties, such as employers, contractors, subcontractors, architects, engineers, and suppliers, all of whom have different responsibilities, priorities, and risks. With so many different players and moving parts, it is no surprise that construction disputes are rife. When a dispute arises, construction businesses sometimes turn to construction claims consultants for advice.
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.
Here, our expert construction litigation team discusses the role of construction claims consultants and explains their limitations.
What are Construction Claims Consultants?
Construction claims consultants are specialists who assist businesses in the construction industry in preparing, analysing, and managing claims that arise during the course of a construction project. They are often qualified quantity surveyors with experience of working in the construction industry.
Should you choose Construction Claims Consultants or Construction Disputes Solicitors?
If you are facing a construction dispute, you may be unsure whether to instruct construction claims consultants or construction disputes solicitors to assist you. While construction claims consultants can undoubtedly add value to a claim, they also have significant limitations, including the following:
- Limited legal understanding.
Construction law is complex, and the court procedures involved in navigating construction litigation are full of traps for the unwary. While construction claims consultants can assist construction disputes solicitors in getting to the bottom of discrete issues, such as quantum assessment, most do not possess the legal expertise and experience required to give a case the best chance of success.
- Limited rights of representation.
A crucial limitation of construction claims consultants is that they cannot represent clients in court proceedings. They may draft claims, assist with negotiation, or even support adjudication processes, but only qualified solicitors and barristers are permitted to act as legal representatives in court.
In practice, this means that if your dispute escalates beyond adjudication or arbitration, you may ultimately need to engage a construction litigation solicitor anyway. Starting with a claims consultant may therefore create inefficiencies, duplication of effort, and increased costs. Conversely, engaging a construction litigation lawyer from the outset ensures continuity of representation through every stage of the dispute resolution process. Furthermore, the earlier you instruct a construction litigation solicitor, the stronger your case will be. Experienced construction lawyers, like those at Altion Law, can often spot nuances that others miss, and can use those nuances to bolster your case and secure a more favourable settlement.
- Inability to enforce outcomes.
Even a successful claim can run into problems if the other party refuses to comply with the decision. Construction litigation solicitors specialise in construction disputes, so we understand how to ensure that the other side complies with the decision or order made in a case, which might involve making an application to the court.
If you rely solely on construction claims consultants, you risk winning the dispute but being unable to enforce the victory without subsequently engaging construction litigation solicitors as well.
- Lack of privilege
Any advice your construction litigation solicitors provide to you will be covered by legal advice privilege. This means that the other party cannot demand to see it if the matter proceeds to court. Advice given by construction claims consultants, on the other hand, is not privileged. This means that it may be disclosable in any subsequent litigation relating to the dispute.
Some particularly complex cases may warrant the involvement of construction claims consultants alongside construction litigation solicitors, and our team will advise you if we believe your case to be one that warrants the additional expense.
At Altion Law, our construction team has decades of experience of helping clients in the construction industry to secure their desired outcome in all manner of construction disputes, including payment disputes, collateral warranty claims, and defective work issues. Our solicitors and barristers offer not only legal, but also practical, commercial advice, understanding that the solution needs to adhere to our client’s commercial reality. We settle most of our clients’ cases out-of-court, ensuring minimum disruption to our client’s business operations and the ongoing projects on which they are working.
Our expertise in the construction sector means that we are often able to pre-empt and avoid issues to prevent them from becoming problematic, thereby saving our clients considerable time and costs. We are fully committed to offering a service that represents exceptional value for money, and we keep our costs highly competitive. By instructing our team early on in a dispute, you stand the best chance of resolving your issue as quickly and cost-efficiently as possible.
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.
