Construction disputes

The construction industry is famous for its disputes. We offer expertise in all areas of construction dispute management and avoidance.

Sandra Cassels

Partner

Sandra is a partner in our litigation division which is one of the largest and most experienced litigation teams in Scotland.

0131 247 1018

Contact me

Sandra.cassels@morton-fraser.com

Our team pursue and defend claims involving all participants in the construction process and at all stages. We can offer advice as soon as issues first arise and if required can advise on all types of formal dispute resolution including adjudication, arbitration, expert determination, court proceedings and mediation.

Clear advice

We resolve disputes for our clients in the most practical, appropriate and cost effective way. All available remedies, including self-help, are considered. The aim of the team is always to ensure that clients understand and are actively involved in the process at each stage.

More about our service

With a client base including employers, contractors, consultants and public sector we can provide advice either throughout the design period, the build or at conclusion. We advise on claims related to valuations and payment, extensions of time, enforceability of bonds, defective works, professional negligence and the ragbag of unusual and potentially time consuming issues which often arise in many construction projects. We aim to add value through prompt, clear advice with drafting and advocacy tailored to the individual needs of our clients.

In addition to assisting with formal disputes, we regularly provide clients with strategic dispute avoidance advice as soon as potential issues become apparent. This early intervention can assist in avoiding disputes escalating to formal proceedings.

We also work closely with our construction contracts colleagues to ensure a seamless service throughout the life of a project.

Our approach to fees

We understand the importance of providing fee clarity and value for money. At each stage of an instruction we aim to scope to work to be undertaken and to give the best estimate possible of the costs likely to be incurred. Budgets are kept under regular review. Fixed fee arrangements may be possible in certain circumstances, for example we have fixed fee options available in respect of certain types of adjudications

Services you may need

What our clients and peers say:

"They have the ability of explaining even the most complex of issues in a very clear and concise way."

- Chambers & Partners

"They provide excellent client service and have excellent attention to detail."

- Chambers & Partners

"Highly regarded" Ken Carruthers is noted as an "excellent litigator"

- Legal 500

"My calls and emails, whether to partner or associate, are answered immediately, and if not available, replied to latest next working day. On every query I’m informed of the timescale of when the associate and/ or partner will respond and the response is made within that timescale or better."

Legal 500 2021/22

"Everything is explained in language we can understand; options available, pros & cons of each option, potential timescales for each option and anticipated cost to our business of each option. This allows us to make an informed decision on how to proceed very quickly which is critical for the business."

Legal 500 2021/22

"The Morton Fraser team has an excellent knowledge and a very hands-on approach to the construction aspects of each of our development projects."

Legal 500 2021/22