One of the worst aspects of construction is it's appetite for disputes, leading to a number of troublesome situations. Have you become involved in a dispute situation where you:

Lacked the information required to make informed early decisions?
Lost control of the dispute resolution process?
Given the chance, you would do things differently?

If you have, our Construction Adjusting team is perfectly placed to help you. DWF's Construction Adjusting expertise is entirely focused on the resolution of construction disputes, delivering a realistic assessment of potential liability and the provision of a strategy for resolution.

Acting for the entire construction supply chain including architects, engineers, surveyors, contractors and subcontractors, seeking advice at an early stage is invaluable - decisions made at the outset often have a significant impact.

Technical analysis of the problem / issue.
Advice on legal aspects to consider / address.
Strategic advice on how to address or resolve it.
Advice on quantum.
Advice on protection of interests and involvement of other parties.
Obtaining and compilation of evidence to assist with resolution.
Involving relevant insurers as appropriate

A design consultant was alerted to a latent defect on a project where it had acted as designer for a design and build contract. The consultant fully engaged with the investigation of the issue and what the appropriate remedial solution should be. In other words it played a full part in the mitigation of the issue.

Once a remedial solution was agreed and costs obtained for the rectification works, the contractor stated that the consultant was responsible and was required to fund the cost of the remedial works. This was a new experience for a consultant not used to having allegations of issues with its design. This in turn became very stressful for the consultant’s individual employee involved.

The contractor continued to press for the consultant to accept responsibility which resulted in the consultant, mindful of its duty for its employee, doing so. Consequently the contractor not only prepared an onerous settlement agreement for the consultant to take responsibility for the defect but also sought to make the consultant responsible for the remedial work.

Before the agreement was executed and became binding, we advised the consultant that it was not actually liable. In agreement with the consultant, DWF’s expert Construction Adjusting team stepped into the discussions with the contractor, removing the consultant from any further stressful direct involvement.

The execution of the agreement was not proceeded with and the team provided a strong rebuttal to the contractor resulting in withdrawal of the contractor’s claim, saving the consultant substantial costs and most importantly reputational damage.