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

A major national contractor

Acting for a major national contractor defending an adjudication against it regarding its scope of work, and related claims by the contractor against its supply chain regarding evaluation, loss and expense.

Energy From Waste (EFW) plant

Advising two Councils in relation to the valuation of an EFW plant, following the termination of the PFI contract under which it was built as a result of the contractor’s failure to pass the tests on completion by the longstop date.  The legal and technical issues are complex, with the value of the dispute being in excess of £200m.

Subsidiary of a major national corporation

Acting for the subsidiary of a major national corporation in relation to numerous claims against it relating to façade work, brought under relevant pre-action protocols, including advising regarding the extent to which the design and installation of the cladding conformed with the relevant Building Regulations at the time and the extent (if any) of remedial works required.

UK banking headquarters

Advising insurers and the designer of the façade for a major bank’s UK retail banking headquarters regarding major defect and delay claims brought against it by the main contractor under both two pre-action protocol letters and in serial adjudications.

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