With so many people involved in construction projects it is little wonder that disputes sometimes arises, whether over design faults, poor workmanship, defective fixtures and fittings, contract overspends, missed deadlines or unpaid invoices.
When an issue crops up it is important to deal with quickly and in a way that does not jeopardise the project going forward. Our dispute resolution lawyers are here to help, whether you are caught up in the thick of the dispute or are a concerned bystander with a vested interest.
What types of construction dispute for IMD Solicitors deal with?
Our experienced lawyers can help with a wide range of construction disputes, including:
- breach of contract claims between customers, developers, contractors, professional advisors and investors;
- disputes around the meaning and effect of key contractual terms, both in bespoke agreements and standard form JCT contracts;
- contract variation issues;
- defective work claims;
- interim payment and final account disputes;
- delay and extension of time claims;
- disputes about the validity of retention of title provisions;
- warranty claims;
- issues arising out of customer, contractor or subcontractor insolvency ; and
- claims of professional negligence leveled at architects, engineers and project managers.
Options for resolving a construction dispute
Your options for resolving a dispute will depend on a number of factors, including the urgency of the matter, the point at which the dispute arises, whether there is an ongoing relationship you wish to preserve and what any relevant contract says about how disputes should be handled.
Where you are the aggrieved party and the time limit for making a claim is fast approaching we will advise issuing court proceedings. The same is true where you require an injunction to compel your opponent to continue to meet their contractual obligations while you wait for your dispute to be resolved or to prevent them from doing something that my cause you irreparable harm.
In other cases we will usually advise you to consider alternative dispute resolution procedures and in all cases will encourage you to follow the pre-action protocol for construction and engineering disputes which aims to ensure that before you commit to court action you and your opponent:
- are clear on where you each stand in relation to the dispute;
- understand the issues that need to be resolved and the root cause of the problem;
- have identified any documents or evidence that need to be considered;
- have discussed the pros and cons of referring the dispute to mediation; arbitration, expert determination or some other form of alternative dispute resolution procedure; and
- have thought about the steps you can take to keep costs as low as possible, particularly where it looks as though litigation cannot be avoided.
Why choose IMD Solicitors?
Our team of construction dispute solicitors are well known in the industry for their proactive and commercially focused advice which is targeted at helping you achieve the best possible outcome.
We are experienced in resolving disputes arising out of projects of all shapes and sizes and have particular expertise in dealing with large scale schemes where a dispute has arisen between multiple parties on a commercial or residential development.
While much of the work we handle concerns domestic projects involving UK-based clients, we can also deal with projects that have an international element and as a full service company it is not just disputes we can help with but also the negotiation and drafting of construction agreements, employment law issues affecting your workforce and property sales and acquisitions.
List of notable dispute resolution cases
- Multi-jurisdictional dispute involving international consortium of corporate shareholders of a Saudi oil and gas subsidiary, involving allegations of fraud and breaches of contractual obligations. Liquidation of the subsidiary was sought by a proportion of shareholders. Settlement was reached between all and liquidation successfully prevented.
- Dual-jurisdictional dispute involving essentially a battle between conglomerate of companies, with proceedings lodged with various courts across two jurisdictions involving complex jurisdictional and commercial matters.
- Claim against international plc involving defending allegations of fraud. Concluded successfully and saved the Client from insolvency.
- Acting for a Claimant in a dispute with a global payment processing institution, involving misconduct allegations and challenge to jurisdiction. Case settled at over 80% of the amount claimed despite initial arguments and denial by the institution.
- Defended a breach of contract claim involving a cross-border supply of goods. Using strong defence arguments but preserving our client’s commercial position, we managed to resolve the matter through a reduction of the main claim by 75% and potential costs liability by 80%.
- Acted for a construction company in a claim to recover an unpaid contractual fees. Judgment in favour of the Client secured a trial despite little documentary evidence available and relying mostly on witness evidence.
- Represented a company Director in a successfully defended claim involving allegations of fraud and breach of fiduciary duties
- Acting for a claimant in a construction dispute. The matter proceeded to trial where the Claimant successfully obtained a judgement for the full amount.
- Acting for a defendant who failed to file a defence and had default judgement entered against him prior to instructing our firm. The judgement was set aside and eventually the value of the claim was reduced by 75%.
- Acting for a creditor in a reported High Court case relating to enforcement of a foreign judgement in the UK. Successfully defended an application by a debtor to declare the judgement unenforceable.
- Regularly acting for a group of companies dealing with medical equipment manufacturing and worldwide distribution. Assisting with both contentious and non-contentious cases ranging from commercial and employment to GDPR compliance.
- Represented a Client in a complex shareholders’ dispute concluded by the way of agreement and voluntary liquidation of the company.
- Acting for the UK based construction company in a dispute with a contractors. Settled the claim for circa. 90% of the amount originally claimed.
- Pursuing a claim against a firm of solicitors who have provided our client with negligent advice. Successful recovery of circa 80% of the loss incurred.
- Acting for a large meat supplier in a dispute with the distributor arising due to faulty product being introduced earlier in the supply chain.
- Successfully defending a client from committal to prison, in a private prosecution brought by the insurers of a third party following a road traffic collision.
- Acting in a dispute with the main contractor on a construction project. Successfully recovered our client’s losses incurred as a result of the main contractor and successfully defended all counterclaims that were brought against our client.
- Acting for an investor in a dispute with a trading company. Successfully obtained a judgment for the sums deducted from the client’s account by the trading company.
- Acting for a landlord in possession proceedings. Successfully obtained a court order for possession and evicted the tenant using the court appointed bailiff.
- Acting for a claimant in a Professional Negligence matter, successfully settling the case before trial.
To discuss your requirements, please contact Olexandr Kyrychenko on 0330 107 0106.
Senior Consultant Solicitor