Construction disputes can hold up progress and cost you a lot of money, as well as risking damage to important business relationships and your reputation.
However, taking the right strategic approach, guided by experienced commercial litigators, can often see these disputes resolved quickly, amicably and cost effectively, allowing you to get your projects back on track as soon as possible with minimal disruption.
At Summit Law, our commercial litigation solicitors offer more than 100 years of combined experience in resolving commercial disputes. With a strong track record of success, we regularly achieve positive outcomes for our clients without the need for expensive and time-consuming court proceedings.
Construction disputes are often complex and high value, with the potential to be very confusing and frustrating. You may not know your exact legal rights and obligations and might be wondering what actions you can take to sort out your current situation.
Our team are here to give clear advice in plain English, making sure you understand exactly where you stand and what we can do to help you get the outcome you need in a way that matches your priorities.
Type of construction disputes we can help with
Our construction litigation solicitors in London can assist with resolving a wide range of construction disputes, including:
- Construction contract disputes
- Payment disputes
- Disputes over allegedly defective works & the requirement for remedial work
- Disputes over construction delays & unfinished works
- Professional negligence claims against architects, surveyors & other construction professionals
- Contractor & employer disputes
- Construction industry regulatory disputes
How construction dispute resolution works
Establishing your legal position
When dealing with a construction dispute, it is important to promptly establish the facts of the matter and your legal position in relation to any contracts you have entered into and with regard to all relevant legislation.
Our commercial litigators can swiftly review your position and provide clear guidance on your legal rights and obligations, so you have all the information you need to decide on your next steps.
Contacting the other party involved in the dispute
Where you are involved in a dispute, it is important to clearly lay out your legal position and what you need to resolve the dispute to the other party or parties involved. In many cases, an agreement can be reached at this early stage, saving everyone a lot of time, money and hassle.
We can draft a robust ‘letter before action’ in compliance with the relevant pre-action protocols and send copies to the relevant parties, explaining the facts of the dispute, any relevant legislation and how you want the dispute resolved. Our team can then support you during any subsequent negotiations required to agree a solution.
Using alternative dispute resolution to achieve an amicable solution
Often there will need to be some negotiation between the parties to agree a solution, which can take the form of a straightforward meeting between the parties, as well as options such as commercial mediation. Reaching an amicable solution in this way can save everyone time and money, as well as allowing you to preserve important business relationships.
Our construction dispute resolution experts are highly experienced in using alternative dispute resolution methods for even the most complex and high value disputes. This means we can give you the best chance of achieving a positive solution outside of a court.
You will need to consider whether there are terms within the contract you have entered into which govern which method of alternative dispute resolution is applicable.
The majority of construction disputes can now be resolved by way of adjudication.
Adjudication is a form of dispute resolution whereby an independent third-party adjudicator will make an interim-binding decision within 28 days. It is useful in the industry as it can quickly resolve any issues regarding non-payment, delays, extensions of time and defects (to list a few) and allow you to continue with the task at hand.
Pursing your dispute through the courts
Often if a matter has already been through the adjudication process, the successful party will enforce the decision through the Technology and Construction Court as the decisions are rarely challenged by “losing” party.
Where an out-of-court settlement cannot be agreed or is unlikely to be possible, we will advise you on whether we believe court proceedings are likely to achieve the outcome you need. We will always be upfront about the likelihood of success in court and the costs involved, so you can make an informed decision about how you want to proceed.
Please be assured that, should court or other action be required, our team have the requisite experience and resources to support you through every stage of proceedings, giving you the best chance of getting a positive outcome.
Why choose Summit Law for your construction dispute?
Summit Law’s expert commercial litigation lawyers take a practical, business-minded approach to solving your legal disputes. We will work closely with you to understand your priorities and overall commercial goals, then offer carefully tailored strategies to get you the outcome you need in the right way for your business.
As a partner-led firm, we can guarantee you will benefit from the involvement of an experienced specialist lawyer who will bring their own knowledge and wealth of experience to bear on your dispute.
We know how important cost and time are to anyone working in the construction industry, so this is something we will always take into account when working on your behalf. Through timely intervention and pragmatic advice, we will aim to resolve your dispute as quickly and cost-effectively as possible, without compromising on the outcome you need.
It is important to be realistic about the likelihood of successfully bringing or defending any court action, so we can make sure you do not waste time, money and effort on court proceedings that are unlikely to achieve a positive outcome for you. We will therefore always be entirely upfront about your chances of success and only recommend court action where we believe this is truly in your best interests.
Our team is highly skilled in alternative dispute resolution (ADR), having used these methods successfully for many years. This means we can often secure a positive outcome at an early stage without the need for court proceedings.
Several of our team are members of the London Solicitors Litigation Association (LSLA). This reflects the strong focus we place on developing and maintaining best practices in civil and commercial litigation.
Summit Law LLP is Lexcel accredited by the Law Society for the high standards of our legal practice and is independently regulated by the Solicitors Regulation Authority (SRA).
Our construction dispute resolution fees
Our fees for resolving a construction dispute will be based on the amount of time required to deal effectively with your matter and the level of expertise required.
With individual hourly rates ranging from £195 to £450 plus VAT depending on each team member’s level of experience, we will ensure your costs are always balanced against what is needed to get you the best available outcome. By working as a team, we aim to save you legal fees wherever possible.
To find out more about the likely costs involved in dealing with a construction dispute, please get in touch and we will be happy to advise you.