Resolving disputes quickly and cost effectively
Disputes frequently arise between Employers, their Main Contractors and Sub-Contractors on building projects. Often, this is due to misunderstanding about risk allocation and it eventuates in claims regarding variations, delays, defects and other matters. Our range of dispute management services within the construction industry help to promote:
- A timely settlement to quickly and and efficiently resolve disputes in the shortest possible time.
- Cost effective working based on competitive rates compared the market. This recognises the particular needs of SME Developers and Contractors.
- Confidentiality that ensures disputes are managed within a private environment which helps parties to maintain good working relationships.
Adjudication is a fast-track dispute resolution process under a construction contract. The adjudication procedure, whether pursuant to the Housing Grants, Construction and Regeneration Act 1996 (as amended) or specific clauses under a construction contract , has revolutionised the construction industry. From its initial intended purpose to improve contractor cash flows to resolving complex disputes in short time frames, participants to a construction contract have access to a process of dispute resolution that follows a well-worn and path set out by the legislation and implemented by the court.
Utilising the skills of an Adjudicator, typically an experienced construction lawyer, surveyor or engineer, binding decisions are reached usually within 28 days of commencing the adjudication process. As a binding decision, the outcome of an adjudication can be enforced in court, if necessary.
Parties referring disputes to adjudication do so because of the speed of the decision making by the Adjudicator. This protects cash flow and can have a positive impact on progress on site. For the benefits of adjudication to be realised, the referring party must ensure that it has adequately prepared its claim including and legal and technical details. The responding party must be able to quickly and accurately assess the claim against them and respond to the matters before them within a very short space of time.
Adjudication can be a daunting experience for people not used to such processes and for more experienced operators who may already have some experience of adjudication, there are clear benefits to having an experienced Mensura team of professionals on your side.
Mensura provides expert information and advice on contentious issues and help guide you though a negotiation, mediation or adjudication process suited to the matter in issue to achieve an outcome you can live with. Our services include:
- Preparing and/or reviewing Commercial Claims for loss and expense associated with delays, extras, changes, loss of productivity, acceleration, etc., and negotiating settlement on behalf of Clients.
- Acting as Expert Witness for parties involved in Adjudication and/or Litigation.
- Acting as advocate in Mediation meetings including preparing Position Statements and assisting parties to negotiate.
- Acting as Mediator, Adjudicator or Arbitrator, when appointed or nominated.
- Providing Early Neutral Evaluation decisions on matters where the parties would like guidance as to how a dispute might be decided in a future Adjudication.
- Considering and giving a decision on a dispute as Expert (as opposed to Adjudication).
- A Fixed Cost Adjudication Scheme.
Benefits for Parties
Our forward-thinking approach to delivering professional services means that our quantity surveyors, lawyers and commercial managers review all relevant documentation to detect areas of potential and active conflict. In this way we help to resolve controversies and work proactively to avoid disputes before they take hold. Should a dispute arise, then we offer a suite of unbiased, practical services that produce compelling arguments to resolve contentious matters. Where necessary engage and manage legal colleagues to provide you with a coordinated team to address technical, commercial and legal issues as a single service.