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With the number of businesses in the construction sector increasing year on year, companies must be alive to the risk of becoming involved in a construction dispute.
Many construction disputes can be resolved at an early stage, without parties becoming involved in expensive and time consuming litigation. The caveat to this, is that parties must act quickly to prevent formal proceedings being raised, if they think a construction dispute is on the horizon.
Early legal input can preserve relations between the parties and keep costs down, avoiding an escalation of the dispute and the associated negative impact on business.
When a potential dispute arises, you may need input from the professional team, including the architect, contract administrator and/or project manager. Contemporaneous documentation will be required to support your position, and therefore it should be identified and collated before proceedings commence. Involving your legal team in this process ensures efforts will be focused on the issues which are key.
Sometimes, despite early legal input, construction disputes reach a stage where formal legal action is required. When this situation arises, having had legal input from the start means your legal team have a thorough understanding of the project and the nature of the dispute, allowing them to quickly and effectively progress matters on your behalf. Early involvement in complex disputes such as delay and quantum claims allow your legal team to establish the most appropriate solution to keep your project moving forward.
Disputes can arise in any construction project and unfortunately cannot always be avoided. Early input from your legal team will ensure that you are engaging in proactive dispute avoidance, mitigation and resolution, where appropriate. If you have concerns regarding a potential dispute, our team of experienced construction lawyers would be happy to assist you.
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