CONSTRUCTION MEDIATION

More than 30 years’ experience of high level practice in construction and engineering law, including my work as a specialist Construction Adjudicator, have given me invaluable understanding of the disputes that the sector constantly generates.

As a construction lawyer I have acted on very many projects, large and small, including oil and gas fabrication, power station construction (Zimbabwe, UK, Jordan), subsea cables, hospital design and build, major civil engineering works, power generation (Jersey and Guernsey), energy from waste; airport terminals, hotel developments, shopping malls, housing estates, apartment blocks, procurement challenges, and party walls.

The Special Challenges of Construction Disputes

  • The legal background in the Construction Act generates complex and baffling problems for non-specialists in this area of law
  • There are many different, complex standard forms of contract, from JCT to IChemE, from NEC3/4 to FIDIC, to ICE, PPP, ACA and the NHS’ own special forms.
  • The construction and engineering process has its own special terminology and technology
  • Understanding the inter-locking roles and expectations of developers, employers, lenders, contractors, subcontractors, suppliers and design professionals is vital

My Approach

  • Objective analysis, thorough understanding and commercial realism.
  • I encourage the parties to make best use of the Position Statement process to distil and explain the dispute; in return I work hard to understand the key arguments and the issues;
  • Assist the decision makers to appraise risk and reward - settle now or fight on?

Case Studies

Dilapidations claim on licensed premises, featuring 4 warring experts, extensive technical arguments, and deadlocked negotiation. Online (Zoom) Mediation was tried as last resort to court action and settled to both parties’ satisfaction.

Commercial property dispute – contentious £3,000,000 valuation of the acquisition fee for residential redevelopment of farmland, complex legal challenges to interpretation and validity of Option Agreement, and conflicting expert evidence.

Intestacy dispute between a second wife (the widow) and children of the previous marriage; the parties could not and would not meet each other, but eventually were helped to find a compromise and resolution, despite very deeply held emotions.

Inheritance dispute over contested will between six brothers and sisters in a farming family where again the parties felt so strongly that they would not meet in a common session, and freely accused each other of fraud. Successful agreement concluded after a very long session.

Long-running, and bitter professional negligence claim between a businessman and his commercial property solicitor. The Claimant was a litigant in person who became very frustrated and repeatedly threatened violence. Settlement and closure was eventually achieved after numerous walk-outs.

Solicitors' partnership dispute where the former partners were unable to speak to each other or even be in the same room, resolved after a close and objective examination of the partners' partnership accounts.

Civil engineering dispute over measurement and values – alleged non-delivery, dispute over methods of measurement plus technical issues of quality and non-conformity with specification, extensive materials analysis evidence and a counterclaim based on remediation. Successfully resolved.

JCT With Contractor’s Design contract for large new care-home: Action to enforce an On-Demand Bond, following the Contractor’s insolvency, which was repudiated by the Bondsman on grounds of fraud. Online mediation successfully resolved both Claim and Counter-claim by complex commercial settlement agreement.

Variation claim on a new apartment building for time and money with complex counterclaim regarding defective works and delay between main contractor and developer, successfully settled.

Project to for refurbishment of several hundred dwellings, leading to Final Account evaluation dispute in-person in London. Issues included alleged wrongful suspension and repudiation, successfully mediated working with the parties’ respective QS advisers. No lawyers involved.

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Rob was very well prepared and quickly focused on the key issues that really mattered

CLIENT

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