When problems arise in construction projects, the stakes are high, straining relationships, stalling projects and escalating costs. Resolving disputes can be complex for your legal teams but it shouldn’t be complex for you.
With the right legal team partnership, that provides expert professional, honest and practical advice, you can minimise the impact of the dispute and prevent further problems before they arise.
We use skills in effective communication, negotiation, and a deep understanding of construction law to help our clients manage and resolve complex issues, advising on a wide range of disputes which arise from disagreements between parties on delays, valuations, variations and defects.
Mediation
In many dispute resolution cases, the first step is mediation. We have worked with many clients where the first and last step in their dispute is mediation. The benefit to mediation is that it allows both parties to discuss the dispute and the open compromise can prevent working relationships from breaking down. In mediation, the parties involved are the decision makers and only they can reach a mutually satisfactory agreement and find solutions that facilitate the resolution of a dispute. If an agreement is not reached, the next stage could be litigation or adjudication.
Adjudication
We have extensive experience in adjudication, acting for both referrers (claimants) and respondents (defendants). Adjudication can be a cost-effective and quicker alternative to litigation for resolving construction disputes. The process involves a third-party adjudicator who reviews the dispute and decides on the issues. Adjudication is generally suitable for all but the most complex and high-value disputes. Unlike litigation, the process allows for individual elements of a dispute to be addressed in isolation. Adjudication decisions are typically enforceable in the Technology and Construction Court if the losing party does not pay any awarded amount willingly.
Arbitration
We have experience in both domestic and international arbitration. The arbitration process is akin to litigation but is a private contractual remedy. Arbitration is more common in international contracts than it is in domestic contracts. The process involves the appointment of a neutral arbitrator (or panel of arbitrators), who effectively acts as a judge. Decisions reached in arbitration are usually final and legally binding, with limited grounds for appeal.
Litigation in the Technology and Construction Court (TCC)
We support many clients whose cases go to the Technology and Construction Court (TCC). The TCC is a specialist court where the judges are lawyers who previously practised in construction law. They are therefore knowledgeable about the issues which arise in construction disputes. Litigation is a costly process, especially in construction disputes, so litigation is usually a last resort.
Conciliation
Conciliation is a process used for the resolution of disputes in the construction industry in Ireland. We have worked on several cross-border disputes which have been through this process. The conciliator, who is either agreed between the parties or appointed by the Federation of Master Builders, conducts a process whereby each party states its position and then attempts to work towards a compromise. If the conciliator is unable to facilitate a settlement between the disputing parties, they are required to issue a recommendation which will be binding on the parties unless it is rejected by one or other of them within a specified time.
What our clients say
The level of support we received was excellent, responsive, thorough, and very much part of the team when things were at their most demanding. Warren’s input made a genuine difference to how we managed the claim and ultimately helped us achieve a good result.
Dannyjo CoxDunton Environmental
I have known Warren for many years, and he has provided consistent professional service with ultimate results. I would gladly recommend their services.
Reza Mofidi, MDAmicable Building Assistance
They are always available and guarantee quick turnaround times. Their skill level in relation to large construction projects is extraordinary, and they provide a one of a kind detailed risk assessment throughout the course of a dispute.
Joachim Krane, PartnerBLD Bach Langheid Dallmayr
We’ve consistently been impressed by the team’s pragmatic advice and the practical approach they bring to every matter. They have become our trusted legal partner, and we value their expertise highly.
John Furey, Director,
CJ Furey
