Resolving Construction Disputes

28 Oct 2019

Our Director, David Somerset, is a highly regarded Quantum Expert within the construction industry and is often asked by potential clients the best way to resolve a dispute.

Whilst there is no definitive answer, as every situation will be different, at Somerset Consult, we follow the following below basic structure to ensure the best possible outcome for our clients.

1. Meeting with the Client
Meeting with the Client is key to understanding the project, as well as forming a trusting relationship with the Client.

2. Identify the issues
It is important to understand the issues encountered on the specific project, gaining an understanding of the process so far as well as identifying any potential issues going forward.

3. Identify the approach / forum for resolving the dispute
Once the issues have been identified, the appropriate approach must be considered.

4. Review of documentation to support / defend the case
It is important to review and analyse all the information provided by the Client to gain a better understanding and identify any key documentation.

5. Provide estimate of fees and for other legal support services
Providing a fee estimate establishes an understanding between Somerset Consult and the Client as to what Somerset Consult’s appointment will involve, outlining the work that will be carried out, the personnel involved and the associated fees.

6. Analysis the information, establishing obligations, breach and resulting loss
Analysis of the relevant information is always required to ensure accuracy. This will involve analysing the Contract alongside all other documentation to establish any breaches and any associated losses.

7. Collate information and report
Collating the necessary information used to support the facts and evidence Somerset Consult’s findings is essential.

8. Prepare a risk analysis of possible outcomes
Once the relevant information is collated, there is often multiple routes with varying outcomes. A risk analysis must be carried out to ensure all options have been considered.

9. Set out strategy to resolve the dispute and consider various options
The various options will be considered and the most appropriate option selected. A suitable strategy can then be established in order to resolve the dispute.

10. Advise and support Client in process
It is important that the Client is updated on a regular basis, ensuring they are kept informed during all stages set out above. The Client will be advised and supported throughout.

Whilst every dispute will be different and each will require a distinctive approach in order to get the best outcome, we find that this structure helps us ensure we can help our clients get the outcome they deserve.