Construction and Engineering dispute resolution
At Browne Jacobson, our Construction and Engineering team regularly advises clients with regards to project management and when necessary in relation to the resolution of disputes, whether through a formal procedure or via some form of alternative dispute resolution (ADR).
We pride ourselves on acting as an extension of our clients’ internal teams and are therefore often a first port of call when issues arise on existing projects. This allows us to work with our clients to manage potential issues, either by way of advising regarding contractual rights and remedies, helping to draft project correspondence or if required, attending meetings to discuss issues.
In the event that these issues are not resolved at an early stage, or at all, we have experience in all forms of both formal procedures and alternative dispute resolution.
For national projects, adjudication remains the most common form of dispute resolution and our expert team is well-versed in drafting effective submissions, responding to issues raised by the counterparty and adjudicator at short notice and attending hearings.
We also have experience of court proceedings, ranging from interim applications to full hearings and international arbitration. We achieve excellent results for our clients in all of these forums.
However, being a down-to-earth team, we’re no stranger to the risks and costs involved with formal dispute resolution and are therefore strong advocates of ADR. The methods used include mediation, early neutral evaluation and expert determination, on the basis that it can allow early and cost-effective resolution of even the most complex matter.
Featured experience
Fertiliser terminal
Acting for a major producer of fertiliser in a 2018 ICC arbitration regarding its significant claims for damages relating to the construction of a new terminal in Africa, and regarding the enforcement of that award and parallel proceedings in the local courts.
Biomass plant
Acting for the owner of a biomass plant in Scotland regarding its significant claims against the EPC contractor, including its rights to terminate the contract, including the termination of that contract and a significant settlement payment to the owner.
A Borough Council
Acting for a Borough Council in relation to claims from its contractor arising out of COVID19, and the ability of the Council to recover significant cost overruns on the project from third parties, and settlement of various claims on the project.
Hospital trusts
Advising numerous NHS hospital trusts regarding the operation of PFI hospital facilities including building defects, mechanical and electrical engineering issues and ongoing facilities management disputes.
Related expertise
Key contacts
Tim Claremont
Partner
Michael Sadler
Partner
Mark Stubbs
Partner
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