Construction Disputes

The scale and complexity of many construction projects, which is often exacerbated by the sheer number of parties involved, makes disputes likely to occur.

The effect that a dispute can have on the progress of construction can be catastrophic. Our construction team understand this and adopt an innovative and dynamic approach to dispute resolution.

Litigation through the court system can be costly and protracted. Myerson’s construction team are experienced arbitration practitioners and recognise that arbitration can be an efficient and preferred method of resolving a dispute, particularly where there is a need for confidentiality or there is a cross-border element involved.

Arbitration is a binding form of Alternate Dispute Resolution in that either a sole arbitrator or a panel of arbitrators will make a decision which is binding on all parties to the dispute, from which there are only limited avenues of appeal.

It is common for construction contracts to provide for arbitration as the method of dispute resolution. In such cases, the parties are bound by the forum of arbitration. Our meticulous attention to detail, when drafting construction contracts at the outset, means we tailor the contractual mechanism for resolving disputes to the forum which is best suited to our client’s commercial interests.  

When a construction dispute goes to arbitration the stakes can be high. It is important, therefore, that you are represented by lawyers who are equipped with the resources, experience and knowledge to secure a prompt and successful resolution.

Adjudication is a form of Alternate Dispute Resolution which is specific to construction disputes. The purpose behind adjudication is to resolve disputes quickly and provide a cash-flow remedy, while keeping intact working relationships, in order that construction projects can continue without delay, fallout or great cost.

Any party to a construction contract has a statutory right, under the Construction Act, to refer a dispute to adjudication at any time. Adjudication is often described as “pay first, argue later” as it is a mechanism for resolving disputes on an interim basis. The adjudicators' decision is binding until the dispute is fully determined by legal proceedings, arbitration or agreement. Adjudication typically takes 28 days from the date the dispute is referred to adjudication. It is, therefore, a powerful tool for resolving disputes quickly and it keeps construction projects on track without the need for costly and protracted court proceedings.

• Adjudication is typically used for claims relating to:
• Interim payments
• Delay and disruption of the works
• Extensions of time for completion of the works
• Defects in the works
• The final account
• Breach of contract
• Termination of a contract
• Professional negligence

Although, the framework of adjudication was not designed to resolve complex construction disputes the extent to which these are dealt with via adjudication appears to be increasing.

Myerson’s construction team understand that adjudication can be an efficient means of resolving a dispute whilst also recognising the potential pitfalls and issues that parties to this particular mechanism can face. Myerson’s specialist construction team can help you realise the best possible outcome with a strategy that is tailored to your commercial circumstances.

You can find out more in our guide to adjudication.