Key areas: payment, retention, payment process, delay, disruption, insolvency, negligence, defects, the Construction Act.

Dispute resolution and conflict management 

Allardice Associates handles disputes relating to contract interpretation, the payment process, design liability, delay and disruption claims, professional negligence, defects claims, insolvency issues, termination and final account resolution.

Many of these are dealt with by way of adjudication under the Housing Grants, Construction and Regeneration Act 1996 (as amended). 

The approach is a proactive one.

It is almost always better to take advice early, before a dispute has crystalised and the parties’ positions on a problem are entrenched. 

Then a client can proceed, knowing the strengths and weaknesses of their position – and act accordingly.

Armed with this knowledge they may then be able to head off a dispute or settle it amicably and cost effectively. If not, they are better prepared for a battle, or ready to take action.

Relevant circumstances might include:-

  • Building work completed but not been paid for
  • A company may be concerned about some defective works and getting them put right
  • An organisation might have a project member become insolvent or they may suspect them having financial difficulties
  • Waiting for retention monies which should have been released to you but are considerably overdue
  • An unsatisfactory conversation that leaves a business wondering what options are available
  • A notice of adjudication or a claim form may just have arrived  
  • And maybe there’s simply a better way of avoiding disputes?

These services may be suitable in the following circumstances:-

Risk analysis, mitigation, payment, retention, payment process, delay, disruption, insolvency, negligence, defects and issues to do with the Construction Act.

Successful resolutions

Allardice Associates has extensive experience – and has achieved notable successes resolving construction related disputes by the effective use of:

  • Negotiations and without prejudice meetings
  • Pre-action protocol, 
  • Settlement offers 
  • Mediations 
  • Expert determinations 
  • Arbitrations
  • Litigation.