Dispute Avoidance & Early Resolution
The Contracts Group helps clients address emerging construction disagreements before they develop into formal disputes. We provide practical commercial and contractual advice to clarify the issues, assess the available evidence and identify opportunities for early resolution.
Our approach brings together contract management, quantity surveying, planning, delay analysis, quantum expertise and mediation skills. This allows us to consider the time, cost and contractual aspects of a disagreement together and help clients develop an informed response.
When Early Advice Can Help
A disagreement may begin with a disputed valuation, a variation, an extension of time assessment, an unpaid account or differing interpretations of contractual responsibilities. Left unresolved, these issues can become harder to manage as work progresses and positions become entrenched.
Early advice can help clients understand their position, identify what further information is needed and decide how to raise or respond to an issue. We can assist during project delivery, at project close out and while final accounts are being negotiated.
Our Dispute Avoidance Services
- Reviewing emerging disagreements and identifying the matters that need to be resolved.
- Reviewing relevant contractual provisions, notices, correspondence and project records.
- Providing independent peer reviews of claims, responses and supporting analyses.
- Assessing contractual positions to identify strengths, weaknesses and matters requiring further substantiation.
- Assessing the factual basis of claims and responses, including time and cost issues.
- Identifying gaps in records, substantiation or analysis that may hinder agreement.
- Assisting with clear correspondence, submissions and responses.
- Developing commercial and contractual strategies for discussions and negotiation.
Preparing for Constructive Discussions
Effective discussions need a clear understanding of the facts and the differences between the parties. We help clients organise the relevant records, separate agreed matters from disputed issues and present their position in a clear, substantiated way.
Where appropriate, we bring together programme analysis and quantum assessment to explain the practical effect of the matters in disagreement. Independent peer reviews and assessments of contractual positions can provide a fresh perspective on the issues, test the supporting reasoning and evidence, and identify matters that need further attention. This helps clients assess proposals and consider settlement options with a clearer understanding of their commercial position.
Supporting Early Resolution
We draw on mediation skills to help clarify differing perspectives, identify common ground and explore practical settlement options. We assist clients in preparing for and participating in negotiation and settlement discussions, including mediation where appropriate. Our work can include reviewing the other party’s position, preparing responses, assessing proposals and helping identify matters on which agreement may be possible.
We recognise that the preferred outcome depends on the project, the relationship between the parties and the client’s objectives. Our aim is to support informed decisions and seek practical opportunities for agreement, while recognising that some matters will require formal dispute resolution.
Practical Support from a Multidisciplinary Team
Our Directors and specialist staff combine practical construction experience with commercial, contractual, planning, Quantity Surveying and mediation skills. We work with clients’ project teams and, where appointed, their legal advisers to provide coordinated support.
Where an issue cannot be resolved through direct discussions, we can assist with the transition to mediation or other dispute resolution proceedings, drawing on our wider Dispute Management & Resolution services.
Discuss Your Project
If an emerging disagreement is affecting your project, payment or final account, contact us to discuss the issues and the assistance you need.