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Commercial enterprises, by choice, do not wish to expend resource, time
and money resolving disputes, as 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
respective 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, as 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.
Nigel works with solicitors and also has the facility and experience to instruct Counsel
direct to provide legal advice on non-contentious and contentious points of
law.
Early advice is essential to set a strategy and campaign to effectively dispose
of all matters in dispute.
There are various techniques available to resolve construction disputes,
namely, negotiation, litigation, arbitration, adjudication, mediation,
conciliation, expert determination and dispute review boards.
Nigel is a Chartered Quantity Surveyor, Chartered Arbitrator and Panel
Registered Adjudicator with over 30 years experience of the building and civil
engineering industry combining a unique blend of experience in commerce and
dispute avoidance/resolution techniques. Nigel receives appointments to act as
arbitrator, adjudicator, expert witness and provides advice and/or represents
parties engaged in the construction process.
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