Commercial, Contractual, Planning & Programming: Dispute Resolution

ramskill martin assists Employers, Main Contractors, Sub-Contractors and Developers avoid Formal Disputes. There are, however, times when our Clients are either in a position where they are required to protect themselves in some form of action or when under the given circumstances formal Dispute Resolution is their only realistic option.

There are various options available depending on what the parties to a Contract choose as their agreed means for resolving Disputes.

The main options include:

1. Adjudication. Adjudication is available under all standard forms of Construction Contracts, and/or on a Contract that is deemed to be classified as a “Construction Contract” under the Local Democracy, Economic Development and Construction Act 2009. Adjudication is ordinarily only temporarily binding on the parties.

2. Litigation or Arbitration. Most standard forms of Contract provide a default provision for the parties to choose which procedure they wish to follow in the event of before entering into a Contract. Litigation and Arbitration are both final and binding on the parties.

3. Litigation is dealt with in the courts usually following the Pre-Action Protocol, whereas Arbitration is managed outside of the courts by an independent Arbitrator.

4. Most commercial organisations in UK construction prefer to pursue a final and binding decision by embarking on the Pre-Action Protocol.

5. Mediation is also a process that many of our Clients have benefited from over the years. Mediation can be embarked upon by the parties on a voluntary basis however in Litigation the Parties are encouraged by the Court to seek to resolve the differences and if there is an unwillingness to do so the court is likely to take the refusal into account when it deals with the costs of the case.

Most disputes are ordinarily resolved by pursuing its resolution in the Adjudication process.