Construction Dispute Resolution
Our Approach to Dispute Resolution
Dispute resolution can be complex and stressful. Having the right legal partner to guide and support you through the process will provide clarity, limit costs and ensure your best interests are looked after throughout.
Our services include: Dispute Avoidance Advice, Mediation, Adjudication, Arbitration, Litigation
Adjudication and enforcement of an Adjudicator’s Decision
This was a highly unusual case. In an adjudication we defended a cladding client against a damages claim brought by a specialist products supplier, for alleged repudiatory breach of contract by omitting a significant portion of the cladding products ordered from the sub-contractor supplier. Then, in the Technology & Construction Court, both resisting enforcement of the Adjudicator’s adverse Decision against our client and bringing a related Part 8 claim. An application for permission to appeal to the Court of Appeal was also necessary. The adjudicator made a series of significant errors of law, resulting in him awarding almost 3 times the damages sought by the referring party.
High Court Litigation
Bringing a substantial delay and disruption claim in the Technology & Construction Court for a English/Spanish joint venture company against a waste to energy contractor, in connection with a specialist site located in the south east of England. This involved complex issues of law and expert evidence. The trial last several weeks.
Adjudications
Advising clients from all parts of the supply chain in numerous adjudications under The Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended) and under specific contractual rules. In particular disputes in connection with alleged building defects, project delay and disruption, disputed final accounts, statutory payment notices (so-called smash & grab claims) and the true valuation of construction works. Some involved cross-claims. Some cases have involved allegations of fraud by a party and one case resulted in a formal complaint against the adjudicator for lack of competence. On many occasions the outcome of an adjudication has resulted in solvency problems for the losing party.
Settlement Agreement
Advising a sub-contractor client on the drafting of a settlement agreement with a specialist sub-sub-contractor that compromised multiple claims by both parties, relating to defective/unpaid lighting works across multiple retail sites throughout England. This was a complicated case particularly because there were only partially investigated health & safety issues behind some of the claims, and allegations of fraud around defective / incomplete works. The agreement needed to be finalised quickly because our client feared that the sub-sub-contractor intended to cease trading imminently and disappear.
Arbitration
Defending a high net worth client in an aborted adjudication (stopped on jurisdictional grounds) followed by arbitration proceedings, regarding a contractor’s final account for works to our client’s home in London. At the heart of this dispute was a delay claim. A complication arose in that the claim arose primarily on account arose in that the claim arose primarily on account of alleged negligence by our client’s contract administrator and so proceedings had to be threatened against that 3rd party by our client. This matter is ongoing.
Our rigorous approach to drafting construction agreements ensures that the risk of disputes occurring is minimised and that provisions are in place for effective management of disputes if they do arise. This includes considering how the payment and adjudication provisions in the Housing Grants, Construction &Regeneration Act 1996 (as amended) will play out under the contract.
At Ridgemont we work with our clients to identify and address potential disputes early on to avoid costly and lengthy battles down the line.
We have extensive experience in dealing with adjudication, arbitration, mediation and litigation and advise our clients on the pros and cons of the various dispute resolution methods. It is vital to be clear that dispute resolution proceedings should usually be a last resort and other outcomes should normally be fully explored before getting to that stage, as the financial costs and adversarial nature of these proceedings can be a heavy burden.
Mediation or some other formal managed compromise procedure is a pro-active approach to managing disagreements and we often encourage employing this tool as a first step in order to limit legal costs and loss of management time.
Adjudication remains the primary form of dispute resolution in the construction sector and forms a large part of our work at Ridgemont. We act on all types of adjudication including “true valuation” and “smash & grab” adjudications.
As well as the adjudication procedure itself, we are very familiar with the procedure for the enforcement of adjudication decisions and the means for resisting enforcement. We have used the Technology and Construction Court’s fast-track adjudication enforcement framework many times with successful client outcomes.
In addition to adjudication, we have advised clients in numerous litigation (court) and arbitration proceedings. We also advise clients on less common methods of dispute resolution, eg expert determination, early neutral evaluation and dispute boards.
Find out more
Get in touch using the contact form below, calling us on 0204 579 8686 or emailing us at contactus@ridgemont.co.
Why Ridgemont?
- Senior, highly experienced solicitors with excellent track record
- Expert understanding of construction law
- Commercially focused, pragmatic advice
- Attentive and responsive to client needs
- Open, ethical and transparent approach to fees
- Charge only for work done (not receiving email correspondence etc)
- Solutions-focused approach to delivering results for clients
Who we act for?
We act for developers, contractors, sub-contractors, professionals and investors across a range of sectors from residential to retail.
Your journey with us
- Get in touch using the contact form below, calling us on 0203 909 9590 or emailing us at contactus@ridgemont.co
- We guarantee that we will be in touch with you the same day to listen to your needs and to explain how we can help and the likely cost.
- Assuming you wish to engage us, we will then onboard you as a client, which normally takes a matter of hours.
- From there, you will be assigned an experienced solicitor who will be available to speak to you and respond to emails at every juncture.
You can learn more about our client journey by watching these videos.
24 Greville Street, London, EC1N 8SS
KEY CONTACT: Tim Seal
Head of Construction
Head Office
24 Greville Street,
London, EC1N 8SS
Bristol Office
St Nicholas House,
31-34 High St, Bristol, BS1 2AW
[Appointment only]