Construction disputes are amongst the most complex types of dispute. Often, there are several parties involved – including those who have provided the finance for a project that has gone wrong, the firms who supervised the work and the valuers on whom lenders relied for proper valuations. In addition, it is common for several firms to be involved in carrying out work that has become the subject of the dispute – and the sums involved are often very substantial.
Sometimes the dispute arises because of a fault discovered years after the work is done. It is also very common for a dispute to arise whilst a construction project is ongoing, which can cause problems and delay the progress of the work. A further complexity can arise where one or more of the parties to the dispute becomes insolvent during the contract or after legal proceedings have been launched.
The construction industry has its own set of standard contracts and procedures to assist in dispute resolution and, where these are used, it is often easier to achieve a settlement. However, this is by no means always the case. When the industry arbitration or adjudication scheme isn't effective or perhaps appropriate, there is no substitute for tenacious and experienced representation.
When an engineering firm found itself in the firing line after work done by a building firm under its supervision was found to be defective, the builders argued that it could not claim a 'contribution' towards its losses from them as the their contract with the firm for whom the work was done contained a time limit for a claim being made against the builders.
However, the engineering firm relied on legislation and common law that allows a contribution to be claimed in such circumstances and for which the time limit did not apply. The court was persuaded that the builders could not establish that the time limit in their contract with the original claimant applied the engineers also.
How Selachii Can Help
Selachii is a dynamic litigation and dispute resolution law firm based in Kensington, London. We put the best interests of our clients at the heart of everything we do. We work with both businesses and private individuals, giving them legal advice and support which is unique to them and their situation.
We don’t believe in simply handing out one-size-fits-all solutions to problems. We will focus on your specific circumstances before working out the best and most cost-effective way of helping you achieve your aims.