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  Spring 2011 >

One of the most commonly asked questions about building disputes is, how different is the procedure from other sorts of disputes?

Building disputes are just that little bit different.   For the homeowner, the house is often an extension of themselves, and it is a big step to undertake expensive works which may affect its value.  For the builder, it is about being paid for their skills, so that they can meet their overheads and maintain an uncertain cash flow.  For the Courts, it is specialist litigation, whose venue is the Court of Technology and Construction.  It has its own steps before issuing the proceedings, designed to encourage parties to settle before going into an expensive action. These include a pre-action letter, disclosure and the joint instruction of an expert. Once these things are done, the parties are required to consider whether or not there is a possibility of settlement. There is considerable emphasis on mediation, or if the building contract covers it, adjudication.

It is important therefore, whether we are undertaking mediation, adjudication or trial, to be sensitive to the issues of each of these. We offer the skills to achieve the best resolution, in the most appropriate forum, and if we must go to trial, the most potent case, at the most reasonable cost.

If you would expert advice regarding a dispute, please send us a message using our enquiry form >>>

 

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