Adjudication, Mediation and Arbitration
Assisting the mitigation of disputes and commercial audits
A project is like a moving target where events and issues change during the life cycle of the project. During the delivery of a project, issues can escalate into contractual claims that can become disputes. Providing project teams with the necessary claims and dispute assistance early is vital so as not to impact the performance of the project.
Our team can support contracting parties with a review of the merits of the claim, entitlement and risk review. Following the assessment, our team can provide strategic solutions that can identify issues at an early stage, encourage avoidance, mitigation and/or settlement. Where an issue becomes a dispute, it is common for resolution to be done using an ADR process.
ADR are the typical preferred methods of dispute resolution in construction projects without proceeding to a Court. ADR typically include Adjudication, Mediation and Arbitration and the construction contract often dictate how these processes are to be followed. Our team are experienced in the various ADR processes and can deal with a construction dispute of any size or type.
Strategic Solutions
Our team can provide early independent evaluation of a claim or dispute based on the commercial and contractual merits to create an appropriate strategy for pursuing or defending a claim or dispute. We balance the protection of the client’s interest and goals against the proportion of the cost for resolution and potential impact on a project.
When assessing claims or disputes, our team conduct health checks and commercial audits of the contract and performance of the parties. Where events have already arisen, the our team can review the available information to identify key data to help settle any claim or provide guidance or strategies for the pursuit or defence of a claim using an ADR process. Understanding the strengths or weaknesses of a client’s position can assist the client to make an appropriate commercial decision.