Dispute avoidance & resolution case study

We recently advised an asset management company on a shopping centre project. The client's project managers were concerned that a final account submitted by the contractor might have some sort of conclusive effect if not properly dealt with.

There were also issues of outstanding defects, a water leak in a basement and a dispute between the parties as to whether practical completion should have been certified. We disentangled the various issues and provided a clear report for the client setting out the legal and commercial options which we then discussed with them.

At their request, and given the sizeable sums involved, we sought confirmation from counsel on one particularly complex legal point.

Counsel confirmed our view. Armed with our advice, and after a series of meetings with the contractor, our client was able to resolve all issues satisfactorily.

Our experience and how we can help

Our specialist construction disputes lawyers advise on all time, money and defects disputes. We offer work with clients to prevent problems escalating into formal proceedings, always looking to achieve the earliest possible resolution. We have experience in all forms of dispute resolution (Technology and Construction Court, arbitration and adjudication).

We have resolved a number of disputes by mediation. Identifying and managing potential problems at an early stage will almost always pay dividends. This can sometimes entail more than just traditional legal advice and involve us in formulating strategies with our clients, reviewing all commercial options and minimising the opportunity for problems to fester. All with a focus on the client’s bottom line.

Visit our construction and engineering page to learn more, or contact our real estate team today.

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024.

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