Contract and Commercial Dispute Resolution from Stradia
Swift and effective dispute resolution
Construction disputes detract from successful project delivery, devour time and money and even more importantly destroy business relationships.
If a contractual or commercial dispute does occur it is business critical to act quickly to avoid broken relationships and potentially expensive and lengthy litigation.
Our team includes highly experienced construction consultants and a qualified construction lawyer. We have decades of experience assisting parties to resolve everything from small commercial disputes to large adjudications.
Unlike many dispute resolution organisations, we also have extensive facilitation skills in addition to our contractual experience.
Wherever possible we implement this approach as it is quicker, cheaper and often more effective than the alternatives. We also frequently manage to maintain business relationships between the parties.
We undertake keen analysis to evaluate the matters in dispute and to assess the contractual position. We help you to understand your options and to implement the best strategy for resolution, always aiming to avoid the time and expense of litigation wherever possible.
Despite best intentions situations arise where it is necessary to either prepare or defend a claim. Each claim situation is unique, requiring specialist knowledge to ensure a satisfactory outcome. Success often goes to the party which adopts the best strategy.
We provide realistic advice from the outset, assisting you to make clear decisions in situations that are often difficult and stressful.
How we can help
We specialise in resolving disputes by facilitated negotiation, which is quicker, less expensive and often more effective than the alternatives. We also frequently manage to maintain business relationships between the parties.
Our experienced Facilitator works with the parties to clearly identify the matters in dispute and assist them to negotiate and agree a settlement:
- Disputed matters are outlined in confidential discussions with each party
- We focus on the pivotal matters and facilitate a workshop with key decision-makers to identify, explore and evaluate all possible options
- We assign people to work on specific tasks by agreed dates
- We manage the negotiation process to reach an acceptable settlement
Mediation is another quick way of reaching a non-binding settlement. It differs from facilitated problem resolution in that each party shapes their own case separately (rather than working through the matters together):
- The Mediator conducts an initial briefing with each party to identify the matters in dispute
- The parties then sit in separate rooms whilst the Mediator goes between them, asking questions and conveying suggestions between the parties, looking for opportunities to reach settlement
Adjudication is a statutory procedure in the UK by which any party to a construction contract has the right to have a dispute decided by an Adjudicator. The Adjudicator makes the final decision, which is legally binding on both parties. As Adjudicators we provide a fast and efficient service encompassing:
- Initial advice on the matters in dispute
- Preparation and presentation of the submissions and associated documentation
- Management of the Adjudication process
(for Contractors or Subcontractors)
We assess your contractual position and advise accordingly:
- If you have a contractual case we prepare your claim for loss and expense, additional payment and/or extension of time
- We also advise and support you through the claim process ensuring that the most effective claim strategy is pursued
We analyse claims submitted by Contractors or Subcontractors, providing advice on your contractual position and your level of exposure to the risk of being sued:
- We ensure that you pay sums only in accordance with the terms and conditions of the contract – and no more
- We also advise and support you through the claim process ensuring that the most effective defence strategy is followed
We have the experience to provide expert witness services on all aspects of construction contracts and commercial disputes, including:
- Expert advice on matters in dispute
- Expert reports fit for litigation
- Giving evidence in court