Taking a construction dispute to Court can be long winded and almost certainly the most expensive route to take in dispute resolution. Choosing this method will also require a construction solicitor or barrister to attend Court proceedings unless you represent yourself.
Alternative Dispute Resolution (ADR) is the preferred method of resolving disputes in the construction industry. However, sometimes Court may be the only option. If Court proceedings are taken, the modern Court process encourages parties to make an attempt at resolving their issues beforehand to reduce costs. The Court is funded by the taxpayer, so any attempt to resolve your dispute by Alternative Dispute Resolution (ADR) prior to entering the Courtroom is now expected. In the case of construction disputes this is done using the "Pre-action Protocol for Construction and Engineering Disputes." The spectre of costs of Court proceedings, which are often disproportionate and often only partially recoverable even if you win, will often lead to ending of proceedings through an ADR or negotiated process. Arbicon are leading specialists in Construction ADR.
Arbicon can assist with construction disputes in the Small Claims Court (County Court) and High Court (Technology and Construction Court (TCC)), advising on:
Unfortunately, Small Claims Courts do not allow for the recovery of costs and therefore our involvement here would be minor.
Where we are most usually involved is in Adjudication Enforcement cases where we can assist with document management, pleadings and appointment of Counsel by direct or public access to Counsel. Arbicon have been involved in a number of cases in the TCC in respect of enforcement including Speymill Contracts Ltd v Baskind (2010) EWCA - 25 Feb 2010; CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd (TCC) 11 Mar 2015; Lulu Construction Ltd v Mulalley & Co Ltd (TCC) - 17 Mar 2016.
Arbicon can also act as a "Shadow Expert" in assisting with the advocacy of your case and help manage the Pre-action Protocol for Construction Engineering Disputes. We also know the best barristers to use for effective Court action.
If you are a Main Contractor, Subcontractor, Building Employer, Solicitor or Barrister and need our help with Court proceedings for a construction dispute, please use our contact form or call our offices below: