Take the best advice on complex and often costly construction disputes
Construction contracts and construction law can be a minefield. Construction claims are notoriously complicated both legally and factually. They can be correspondingly expensive to litigate.
For this reason, the majority of construction disputes are now resolved by statutory adjudication. A fast-track legal procedure introduced by Parliament for the resolution of disputes in qualifying construction contracts. Our top barristers’ expertise – representing clients in construction disputes and legal proceedings since the 1970s – will be used throughout the management of your case. We will ensure that the statutory time scales and contractual procedures are complied with and that your case is presented in a forceful and effective manner.
From the first conversation, your expert barrister will provide you with a clear and concise opinion on the strengths and weaknesses of your position. We analyse the facts to identify where the time and/or money has gone, where and by whom the issues have been created, and perhaps most importantly; the best possible mitigation scenario to recover loss and provide a valid and robust defence against claims. Your highly-trained legal and construction expert will guide you through the options to resolve the dispute and recommend the method of dispute resolution which will achieve your particular objectives as quickly and as economically as possible, whether that be adjudication, litigation, arbitration or mediation. Early involvement allows our expertise to be used to its best advantage and enables our barristers to provide the most appropriate and effective advice. In fact, if we are engaged early enough, it may be that advice is all that’s needed to avoid a claims issue escalating and becoming a costly dispute.
Poorly-produced claims or badly-prepared defences reduce the likelihood of parties settling. The impact of this can be far-reaching and resulting formal proceedings can prove costly, time consuming and commit lots of your time on this legal problem and away from your business.
3PB are the barristers of choice for the full range of construction disputes and claims. We regularly advise and act in final account disputes, interim payment claims, claims arising from delay and disruption, claims for liquidated damages and extensions of time, disputes about wrongful termination as well as arbitration and litigation support services. We are therefore routinely assisting businesses like yours with:
Our barristers regularly appear in the Technology and Construction Court both in Central London and in its regional seats. We assist our clients in the construction industry with analysis, opinion, advocacy and resolution of construction claims and can take their construction disputes all the way through to TCC enforcement. Our barristers are experienced in dealing with construction claims arising at office and retail developments, large residential developments, infrastructure and energy projects, transport development projects, leisure and hospitality sites and mixed-use developments.
We typically work directly with SME business owners, developers, retailers, contractors, sub-contractors, engineering firms, surveying and other consulting firms, local government and insurance companies.
Unlike many barristers, a significant proportion of our barristers are qualified in a construction profession in which they have previously practiced – with many being chartered surveyors, project consultants and chartered arbitrators – and have real understanding of delivering construction and engineering projects. We understand the linkage and interface with the planning, property and finance aspects of these projects.
For help and advice please contact Stephen Evers on +44 (0)3333 231 586 or email us.
3PB covers the full range of construction and engineering claims from Design and Build, PFI/PPP, Civil Engineering, MEP, Roads, Rail, Airports, Tunnels, Docks and Jetties, Energy (Oil, Gas Coal, Nuclear, alternative fuels), Renewable Energy (Wind, Wave and Solar), Professional Negligence, Party Wall Act, Contract drafting and ancillary documents as well as claims and contracts under […]
Where the contract has been delayed the courts have been very clear about the extension of time issue. Where practical completion occurs after the contractual completion date, two things must occur before the final certificate can be issued (or at least become conclusive) – firstly, there must be a certificate of non-completion and secondly, the […]
It will be rare these days for a contract to be completed and for there to be no defects notified in accordance with the contract. Where defects are so notified under the main contract then a certificate of making good defects has to be issued. The courts have held in such circumstances that until the […]
It is because of the possible severe effect of the conclusion of final accounts that sub contractors (and contractors) must be alert to their issue. If they do not agree with the account they must ensure that you make the necessary moves under the relevant clause to dispute the account or at least those parts […]
These draw a line of sorts under the contractual obligations owed by the parties to a contract to each other. As always the answer depends on what the sub contract actually says. Frequently under standard forms, and particularly JCT forms, final accounts also finalise (subject to formal proceedings) disputes under the contract – normally those arising […]
Adjudication is a statutory dispute resolution procedure for the construction industry, introduced by the Housing Grants, Construction and Regeneration Act 1996. The key stages of an adjudication under the Scheme for Construction Contracts (England and Wales) Regulations 1998.
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Our experienced team of specially-trained clerks make instructing a 3PB Direct barrister simple. Watch our video for a step-by-step guide on how to work with us to achieve a resolution to your legal issue.
We’ll be here every step of the way to support and guide you through the legal challenges at hand.
