Commercial enterprises, by choice, do not wish to expend resource, time and money resolving disputes because it diverts focus from the business, can damage trading relationships and undermines profitability.

The impact and effect of disputes can be reduced by taking early, proactive specialist advice. Such advice can be sought at both the pre-contract or post-contract stage of the process.

Construction disputes mainly arise due to opinions being formed about a party's legal rights, obligations and risk by interpretation of the facts and the law.

Anecdotal evidence suggests many disputes can be avoided by simply ensuring the parties' respective rights, obligations and risk are made clear in the contract documents because much time and money is spent resolving uncertainty.

Essentially, construction disputes are about resolving disputed facts and disputed law.

Sometimes, complex legal issues arise over contract formation and/or the true meaning and effect of specific contract terms.

Early advice is essential to set a strategy and campaign to effectively dispose of all matters in dispute.

There are various adjudicative and non-adjudicative techniques available to resolve construction disputes. The most common are; negotiation, litigation, arbitration, adjudication, mediation, conciliation, expert determination and dispute review boards.

Nigel is a practicing Barrister, Chartered Quantity Surveyor, Chartered Arbitrator and Panel Registered Adjudicator with over 35 years’ experience of the building and civil engineering industry combining a unique blend of academic qualification and experience in dispute avoidance/resolution techniques. Nigel receives tribunal appointments and also provides advice and/or representation to party’s².

For more details, please go to my Curriculum Vitae page.

2 Nigel is a practising Barrister at 3PB Barristers and must comply with the relevant parts of the Bar Standards Board Handbook which includes the Code of Conduct for barristers.