Help for Solicitors with Construction Dispute Instructions
Arbicon regularly work with Solicitors or Barristers to provide construction claims advice, complimenting the service provided to Clients in construction. Our team have over 40 years experience dealing with construction related matters. Experts in adjudication and construction claims, we fully understand construction contracts and can provide you with services such as Quantum Expert Reports or party representation in the adjudication process. We are constantly actively working with and promoting new business relationships with other construction law firms.
Are you a lawyer and need help with an instruction for a construction or civil engineering dispute or a construction contract procurement matter?
Are you a solicitor and need a Quantity Surveyors Expert Witness CPR 35 Report for your Court or Adjudication case?
Do you need help with a Construction Contract or a Quantum Delay Analyst for your Construction Contract Dispute?
Delivery of Construction Dispute Instructions
Solicitors. Can you meet the following criteria in delivering your instructions in a construction dispute? Are you qualified or do you have an in depth understanding of:
- Construction Technology having had more than 10 years construction site experience?
- The implementation of Contractual Procedures in a construction contract? Has there been compliance with the terms and what are the consequences?
- All the JCT, NEC contract forms or other construction contracts?
- Contract interpretation from the facts and evidence, e.g. Battle of the Forms?
- Measurement and valuation of the cost of construction works?
- Delay and time valuation in construction contracts?
- How to assess damages or make a loss and/or expense claim?
- The Construction Acts and the law on Payment procedures and adjudication?
- How to represent a party in adjudication?
- The importance of being fully prepared should a dispute escalate potentially to adjudication?
- How to deal with an adjudication defence, typically in only 7 days?
- What constitutes relevant facts and evidence to support the case?
- The value of an Expert Witness report (CPR 35 compliant) as evidence to support a case?
- Contract breaches and the customary rights and remedies available?
- How to make a cogent argument and put a case position together considering all of the above?
- How to set out all strategies having assessed the risks from the above? For example, move to settle the matter or engaging in adjudication and dispensing with Court proceedings.
Delivery of Construction Contract procurement instructions
Solicitors. Can you meet the following criteria in delivering your instructions in a procurement of a construction contract? Are you qualified or do you have an in depth understanding of:
- What practical commercial measures are necessary to protect the Client’s interests?
- The importance of credit checking and security against insolvency/damages?
- Drawing up and implementing warranty agreements?
- Drafting and incorporating effective values in the conditions of contract?
- Drafting an effective adjudication or ADR clause?
- Drafting effective Payment Terms?
- Drafting effective design liability terms?
- Drafting effective clause amendments to the standard contract forms?
- How to establish a fully encompassing analysis of price, time and scope of work so as to avoid claims for missing elements?
- All the practical measures required to be incorporated to protect your client?
- How to prepare a programme of works and realistic completion date?
- How to ensure the quantum position is incorporated into the contract?
- How to ensure your clients position is protected when work starts before a contract is signed?
If the answer to any of the above is no or you are unsure then we suggest assistance from Arbicon who can deliver and advise on all of the above.
Quantity Surveyors CPR 35 Expert Reports
If you have a dispute that is progressing to or in proceedings whether Court, Arbitration or Adjudication, it is highly recommended that you do not proceed with Expert evidence. Arbicon’s qualified chartered quantity surveyors are also highly experienced in alternative dispute resolution processes with formal qualifications in advanced Expert Witness training with accreditations. Find out more about Expert Witness service.
If you have a construction dispute instruction and would like to partner with the experts please call Jonathan Nugent to discuss any aspect.