Dispute Resolution

We provide advice and services in the following areas.
 
Claims Analysis
Review or formulation of construction contract claims. We apply our specialist expertise to analyse the facts, liabilities, and damages associated with each element of typically complex construction claims and disputes. This provides a basis for resolving the claims either by negotiation between the parties to the contract themselves, or via an independent (e.g. an adjudicator or arbitrator).
 
Litigation Support
Provision of support services to assist with preparation for litigation, including claims analysis, document reviews, and expert witness services.
 
Construction Dispute Neutrals
  • Independent Expert
  • Dispute Resolution Board (alternatively Disputes Advisory Board)
The objectives of such appointments are to ensure parties are better informed as to contractual rights and obligations, and to facilitate avoidance of disputes, or to enable the resolution of disputes at an early stage before they escalate and divert effort and time. The terms of reference will be specific to the appointment. Preferably the dispute neutrals are appointed at commencement and remain informed as to progress and events. The dispute neutrals may or may not make binding decisions. For our paper on the preferred models, and benefits that result from using dispute neutrals on construction projects, click here.
 
Mediation
A consensual approach to resolve a dispute where an independent mediator assists the parties to try to reach a settlement by mutual consent. The mediator does not impose a settlement on the parties.
 
Expert Determinations
Where provided under the terms of the contract, or otherwise agree, the parties appoint an independent expert who makes a determination based on submissions and enquiry. The determination may or may not be final. The terms of reference can be defined by the parties. There is no statutory framework for the process, but there are accepted principles of best practice.
 
Adjudication under the Construction Contracts Act
The Construction Contracts Act 2002 provides a framework for the speedy resolution of construction disputes. One party can initiate the adjudication process. The Adjudicator is either appointed by agreement between the parties, or can be appointed by a nominating authority. Typically a determination must be issued within 30 days. This process can be invoked in parallel with arbitration or court proceedings. The decision is binding, but can be referred to arbitration or to court. Determinations can be enforced through the courts.
 
Arbitration under the Arbitration Act
The Arbitration Act 1996 provides a framework for the (generally) final resolution of disputes. The parties need to have an agreement to refer the dispute. The process, while commonly a formal process, subject to the requirements of the act, can be customised to reduce formality, time and cost. For instance the process can be reduced from one involving protracted preliminaries and a formal hearing with legal representatives, to a to a "papers only" procedure.