Construction Site

Services - Dispute Resolution

When problems arise, our aim is to provide constructive and proactive advice at an early stage. We are renowned for understanding our clients’ objectives and developing effective, practical and commercial dispute resolution strategies. We have a team of lawyers focused entirely on resolving the variety of disputes which can arise in relation to construction and engineering projects.

Our experience includes representing both claimants and defendants in adjudication, mediation, arbitration, litigation, conciliation, early neutral evaluation, expert determination and public procurement disputes. We have acted for clients in relation to a very wide range of disputes, including defective works, contract interpretation, delay analysis, loss and expense claims, claims for unpaid sums, professional negligence claims, failure to serve pay less notices on time and recovery of unpaid retention.

We recognise the importance of seeking to resolve disputes via negotiation before taking more costly action. We will always consider whether it is appropriate for clients to try negotiation, with or without solicitors, before exploring more formal dispute resolution options. We have also found mediation to be an extremely effective way of facilitating settlements between parties in dispute, and have a great deal of experience in this area.

Adjudication

By far and away the most common form of dispute resolution in relation to which we are instructed is adjudication. Hawkswell Kilvington has successfully handled hundreds of construction and engineering adjudications on behalf of both claimants and respondents, ranging in scope from straightforward recovery of outstanding payments, through to the presentation and defence of extremely complex claims. In terms of value, claims have ranged from thousands to several million pounds.

Our experienced solicitors advise on the tactics and strategy of the adjudication process (which is key), and project manage the entire exercise with the client and other relevant professionals. If you are faced with an adjudication, you will find us very effective at identifying the key issues quickly and then preparing your response (using our specialist knowledge and expertise) within the prescribed timescales. We also have extensive experience of enforcing adjudication decisions in the Technology and Construction Court.

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