Construction and Engineering Disputes
Paul is a specialist in construction and engineering and the majority of his appointments are for disputes in this field.
Whether you are contractor in dispute with a client (builder/homeowner), a client in dispute with a contractor, a sub-contractor in dispute with a main contractor or have a dispute with an architect, surveyor or an engineer Paul Whittle Mediation can assist you.
The dispute will be wasting your time that could be spent procuring further work and making profits. The dispute is no doubt diverting your energy and time no matter how large or small the dispute will be affecting you both at work and at home.
Mediation is a form of structured negotiation and is a voluntary and flexible process. We assist the parties to settle their own dispute by using a framework of joint and private meetings to clarify the parties’ views and positions. The majority of mediations take one day and the majority (8 out of 10) settle in a day. The mediation process returns the control of the dispute back to the parties.
Adjudication, arbitration and litigation takes the commercial dispute out of the hands of the parties and places it into a legal framework in which one party will win, and one will lose. There are no grey areas and as you know life and work is not like that. A construction or engineering site has to deal with poor weather conditions, contractors, sub-contractors. Communication breaks down and personalities clash. It is human nature that we are not all the same; we all have different values, religions, needs and wants. All these factors clash and disagreements and conflict turn into entrenched disputes.
It seems especially so that in the construction industry parties that are in dispute feel they have to use adjudication, arbitration or litigation to resolve their disputes. All of these options are time consuming, stressful and extremly expensive. The cost of an arbitration on average is 10% of the sum of the work and it doesn't guarantee that the verdict will satisfy the parties.
The construction industry is one of the largest, diverse, and complex industries in the UK. Our construction mediators are able to resolve the issues involving all the practical and legal disputes involving contractors, contracts, architects, trades, skills, scheduling, and budgets. As construction is a primary source of litigation across the country, conflicts need to be addressed promptly and finalised completely by our construction mediation expert.
Most construction conflicts are resolved at later stages of the project or after it has been completed, which is why our construction mediation processes are more effective. We are able to understand the actual construction project, its systems, its design, and its terminology because of the mediator's expert hands-on experience in the field and knowledge of construction, the law, and dispute resolution.
In addition, proactively on the site, while the projects are still ongoing, our expert construction mediators are able to address disputes on-the-spot as they occur, or in weekly project meetings. This early construction mediation service is cutting-edge in the industry. When construction disputes are handled in this manner, a project can proceed more consistently. Homeowner construction mediation provides prompt, effective relief.
- Architectural issues
- Construction defects
- Contract disagreements
- Variations
- General contractor claims
- Subcontractor claims
- Retention
- Project management
- Performance issues
- Scheduling and timing
- Quality control items
- Architectural design
- Architectural specifications and changes
- Cost overruns
- Insurance claims
- New construction/renovation
- Malpractice
- Home owner contracts
- Landlord-tenant
- Apartments
- Associations
- Deeds
- Financing
- Joint ventures
If you are involved in a construction conflict or litigation, Paul Whittle’s construction mediation services can help you effectively resolve your claim in the most timely and cost-effective manner. For a free evaluation or consultation to make certain that we fit your needs, contact Paul, 07739023436 or paul@paulwhttlemediation.co.uk
