Conflict Avoidance & Dispute Resolution in Construction
When entering into a construction contract, one party expects to receive a service, the other party expects to receive payment for that service.
What neither party expects is a dispute.
Unfortunately disputes regularly occur on construction projects. Typically disputes relate to durations, payments, and contractual interpretation.
At Edge Consult, our expertise in dealing with these three areas provides us with the essential practical experience to assist you in construction dispute avoidance & resolution. Contact us TODAY to find out more.
Construction Conflict Avoidance Services
Whilst many disputes are avoidable, the foundations of a dispute are often created long before the dispute itself becomes apparent.
Often the progress towards a dispute starts the way the contract is agreed. This could be due to unclear or ambiguous drafting of the contract, incorrect contract documentation or simply a misunderstanding of those contractual obligations and liabilities which have been accepted.
At Edge Consult we have extensive experience with reviewing and preparation of contract documents. With our support and advice, you will have a better understanding of the risks, procedures to be followed and indeed alternative terms and conditions that could be negotiated to protect your position.
Likewise, poor definition of the project scope, design, and specification, often with ambiguous design responsibilities between the Employer and Contractor are also a source of dispute that we frequently see at Edge Consult. We provide independent reviews of documentation to identify areas where such issues may arise and ensure documentation is better defined, thereby reducing the risk of disputes.
Construction Dispute Resolution Services
Where a dispute has crystalised on your project, you will need prompt and timely support to ensure your position is protected and where possible strengthened.
In these circumstances, our clients will immediately contact us for an authoritative opinion they can trust. Before commencing any construction dispute resolution process, Edge Consult will provide you with an initial indication of the strengths and weaknesses of your position. At Edge Consult we value the repeat business of our clients. Therefore, we will provide you with our honest opinion on the advantages and risks of the options available to you.
Initially, whenever it is an option, we will try to establish a robust and supportable negotiation position, providing you with all necessary support to target your desired outcome. If necessary, we can undertake these negotiations on your behalf. However, where it is clear the negotiation stage has long passed and a formal construction dispute resolution process is the only way to conclude matters, careful preparation and good record keeping will be the key to a successful outcome.
Edge Consult’s extensive experience and expertise will be essential in determining the next steps and strategy to resolve your dispute, be that in a formal process or through negotiation.
Planning & Programming Construction Disputes
Many disputes centre around the timing of construction operations. At Edge Consult our experienced planners/programmers can either provide programmes or analyse programmes from third parties. If your project starts with a realistic programme, you have already addressed one of the major risks that frequently lead to disputes.
Commercial & Payment Disputes
Another common area of dispute is quantum, i.e. how much should be paid. Too often disputes arise as a result of unrealistic expectations by the parties as to the value of works undertaken.
At Edge Consult we can provide an independent third-party assessment of the amounts involved, application and payment procedures, notices, and the contractual basis to justify payments. Early input from Edge Consult can significantly reduce the risk of payment disputes developing.
Construction Adjudication
Whilst some people in the property and construction industries still consider the courts and lawyers as the first step to resolving a construction dispute, most people working in construction are now aware of the huge advantages in using the Adjudication process. Adjudication will normally resolve disputes far quicker and cheaper than going through the courts.
Where the parties are in a valid construction contract, either party has a statutory right to have the dispute resolved by Adjudication. Depending on the form of contract the parties may also have a contractual right to Adjudicate. Adjudication is a quick and cost effective procedure to resolving construction disputes at any time. From the issue of a Notice of Adjudication to the receipt of a Decision is typically just 5 to 6 weeks. This Decision is then binding on the parties and any payment awarded must be made. Occasionally Decisions are challenged in the courts, but this is very rare as the courts will enforce an Adjudication Decision in all but exceptional circumstances. For more information on the Adjudication process, please give us a call.
The Partners at Edge Consult have acted as Party Representative in well over 700 Adjudications, representing Employers, Contractors, Sub-Contractors, Suppliers and Consultants. We act for parties who wish to commence an Adjudication and for those who urgently need to respond to an Adjudication commenced against them. When acting as Party Representative in an Adjudication, Edge Consult can represent you and deal with the procedural, contractual, cost and programme matters that may form the dispute.
Construction Negotiation or Mediation
Notwithstanding all the benefits of Adjudication, there will always be the risk that the Adjudicator’s decision may not be as you would have hoped. Hence most parties will in the first instance try to negotiate an agreement with the other party. As with all negotiations, it is best to negotiate from a position of strength, fully prepared with all supporting documents necessary to argue your case.
Edge Consult’s Partners have the experience and expertise to work with you in assembling a robust negotiation position. If you wish, Edge Consult can also lead the negotiations on your behalf. Often the other party fails to grasp the strength of our client’s position until all substantiation has been presented.
However, should the negotiation be unsuccessful, the documents assembled for the negotiation will not go to waste. If you decide to commence an Adjudication, this documentation will become essential evidence to support your position. Never forget the three most important aspects in any Adjudication are records, records, and records.
Project Monitoring, Review & Audit Services
Edge Consult are frequently appointed to independently monitor construction progress and payments, reporting directly to our client. Our clients include building employers and funders for whom we monitor progress, administration and payment matters, or contractors seeking an external opinion on site progress and management of their contract.
The extent of this service can be tailored to meet your specific construction dispute avoidance needs.
Expert Witness and Litigation Support
Edge Consult are frequently appointed by Lawyers to provide Expert Witness Statements or litigation support on matters such as delay analysis, quantum / valuation, and contract administration. The Partners’ extensive experience in these three areas as both construction professionals and dispute resolution consultants will provide you with the necessary independent expertise. Often programme matters, valuation and contract administration are inextricably linked. Edge Consult can provide Reports covering all three of these key disputed areas.
Our Conflict Avoidance & Resolution Process…
The earlier that Edge Consult are appointed the sooner we can start to address your concerns and develop a route map to limit your exposure to potential or ongoing disputes.
Where a dispute has already become apparent, the next step is to ensure that dispute does not escalate. At Edge Consult we find there are five dispute stages, each presenting different challenges.
Edge Consult’s appointment at any of these stages can significantly enhance and secure your position. These five stages are…
STAGE ONE: Parties acknowledge there is a problem and wish to resolve it – We can provide technical input to identify a way forward and a methodology to prevent reoccurrence of the problem.
STAGE TWO: Parties start to identify each other’s failures and become increasingly defensive – We can help identify the strength and weakness of the respective positions and offer potential compromise solutions, thereby maintaining co-operation between the parties.
- STAGE THREE: Parties develop perceptions that may not reflect the reality of the situation – We can provide a detailed analysis of the problem, make recommendations, and ensure appropriate record keeping is maintained, just in case.
- STAGE FOUR: Parties become progressively uncooperative with each other, with a desire to win their argument – We can provide a last chance facilitation workshop, whilst ensuring our client is in a robust contractual position, should the dispute escalate to adjudication or other dispute process.
- STAGE FIVE: Parties consider formal dispute resolution, such as adjudication, as the only solution – We can provide a full adjudication service to resolve the dispute, be that as Party Representative or working alongside your team, providing technical support on matters such as time, cost and/or contractual matters.
Other Services We Offer:
Construction Dispute Resolution ~ Adjudication ~ Arbitration ~ Litigation Support ~
Mediation ~ Negotiation ~ Claims ~ Commercial Support ~ Contract Advice ~
Project Planning & Delay Analysis ~ Project Management Support ~
Project Monitoring, Reviews & Audits ~ Insolvency Support
Privacy Policy Tel: 01473 834 570 Email: info@edgeconsult.co.uk
Construction Dispute Resolution ~ Adjudication ~ Arbitration ~ Litigation Support ~ Mediation ~ Negotiation ~
Claims ~ Commercial Support ~ Contract Advice ~ Project Planning & Delay Analysis ~
Project Management Support ~ Project Monitoring, Reviews & Audits ~ Insolvency Support
Privacy Policy Tel: 01473 834 570 Email: info@edgeconsult.co.uk
Construction Dispute Resolution ~ Adjudication ~
Arbitration ~ Litigation Support ~ Mediation ~
Negotiation ~ Claims ~ Commercial Support ~
Contract Advice ~
Project Planning & Delay Analysis ~
Project Management Support ~
Project Monitoring, Reviews & Audits ~
Insolvency Support
Privacy Policy Tel: 01473 834 570
Email: info@edgeconsult.co.uk