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Construction disputes and how to avoid them

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Construction disputes and how to avoid them

As a business operating in the construction industry, you will know all too well that disputes are common. Most projects encounter budget and delay issues in their lifetime, and their scope may change drastically once work is underway. If these matters are not resolved quickly and fully, they can lead to complex disputes and serious financial implications for your business.  
In this article, our construction dispute consultants offer advice on how your company can avoid issues from the outset or prevent them from escalating. If you require support with dispute avoidance or dispute resolution, please do not hesitate to contact our team.

Clear contractual arrangements

Many disputes are caused by a lack of understanding of the obligations and risks arising from the contract. It is vital that contractors engage professional consultants to review the contract before they sign (whether it is a bespoke or standard form contract) and for support with administering it. This will ensure the agreement is well-drafted and detailed, that you are clear about the potential risk you are taking on and that the scope, timings, payments, and all other aspects of the project, are negotiated thoroughly. By working transparently and collaboratively with your client from the start, you can avoid disagreements occurring or escalating.

Effective claims management

Effective claims managementIt is common for contractors to assert their entitlement to more time or money, for example, because of delays, disruption, loss and expense or changes made to the scope of the project. This is known as making a construction claim. Claims should be detailed and supported by substantial evidence (including site records, instructions, notices, invoices, photographs and correspondence) and managed proficiently to give you the best chance of negotiating a successful and early settlement.

Accurate and detailed records

It follows from the point above that an important requirement for all construction projects is to maintain accurate and up-to-date records. This information plays an important role in supporting claims, particularly those involving delays, loss and expense, changes and other matters of quantum. Some businesses may have time and financial hurdles when trying to meet this responsibility. However, legal disputes are likely to cause much more disruption to your company, especially if you are unable to rely on good records to demonstrate your claim.

Early involvement of experts

Construction consultants should be engaged as soon as possible when issues begin to surface. This provides time to advise you on your rights, carry out sophisticated delay or quantum analysis and prepare other evidence to support your position, helping to settle the matter quickly. It can be difficult to remove any stress or other emotions you may have when dealing with a disagreement; a specialist will provide clear, concise and independent advice. They can assist you in resolving your differences using alternative dispute resolution methods, such as negotiation and adjudication, which are swift and cost-effective in comparison to court proceedings.

Contact our Construction Dispute Avoidance and Resolution Consultants

At Lakeside, our professional construction dispute consultants specialise in avoiding and resolving disputes on behalf of main contractors and subcontractors engaged in a wide range of projects throughout the UK. We focus on maximising profits, maintaining cash flow and protecting your business from harmful legal disputes – ensuring its continued success.
We would be delighted to assist you with any construction avoidance or dispute resolution matters.

Call us now on 0330 133 6176 or via email at gnitlusnoc.edisekal%40ecivda for a free, no-obligation discussion with an expert.