Dispute Resolution

Contract Advice and Preparation

The construction process is inherently complicated by the unique factors which affect each project. However, we recognise that many of the risks can be managed with the selection of the most appropriate form of contract and associated terms and conditions.

The Edwards Partnership have considerable procurement experience and understand the use of all the major forms of contract. We can provide recommendations on the correct contract to appoint your consultant, contractor or sub-contractor, to effectively manage the potential risks to you and your project.

We have supported many of our clients throughout the procurement processes, including the selection and modification of the appropriate contract and subsequent negotiation with their respective consultant / contractor to ensure a complete contract and warranties.

We can also review the payment terms of your contracts to advise on cash flow and profitability. We will provide you with a report detailing recommendations on potential areas of additional entitlement and payments which should be recovered or budgeted for.

We can assist you to prepare bespoke agreements for unique suppliers or specialist sub-contractors. For particularly challenging contracts we have alliances with specialist legal firms that can provide detailed recommendations on drafting unique contracts.

We can complete the tendering, tender assessments, appointment and subsequent contract management and management reporting.

Claims, Final Accounts and Negotiations

Claims can arise at any time during a construction project and need to be resolved as quickly as possible to ensure that the progress of the project is not compromised. We can assist you with disputes when they arise at anytime during the project.

Monthly Applications

To prevent claims increasing in cost it is important that they are addressed when they arise – often during the monthly valuation process, where a difference of opinion between the two parties as to entitlement can create tensions. We can quickly and accurately provide an impartial recommendation of entitlement that can often resolve the claim before affecting the project.

Extensions of Time

We can review your position with regard to an extension of time and any associated costs. We will provide you with a report recommending your actions to prepare or defend any claim. We will also work with you to prepare or respond to any claim and can act as an intermediary to satisfactorily resolve the claim.

General Claims

Where a claim encompasses a number of issues or becomes more serious we will prepare a settlement strategy that will guide you through the process of negotiation and prepare financial assessments of your potential liabilities and opportunities, together with regular updates of progress towards resolution. We will provide impartial advice and recommendations on entitlement and work with you to ensure the claim is resolved.

Our Dispute Resolution service ensures that you are in strongest position to succeed with your dispute through negotiation.

The Edwards Partnership has a number of strategic alliances with various legal firms who provide the detailed legal perspective on any disputes with progress to a formal procedure such as adjudication or arbitration.

Alternative Dispute Resolution

The majority of construction disputes which are not settled by negotiation can be resolved by mediation, adjudication or arbitration – the specific procedures depends on the details of your dispute and any existing contractual arrangements.

The Edwards Partnership will support you throughout these dispute procedures, including the selection of appropriate legal representation and identification of expert witnesses, and preparation of the core documentation to assist the legal team.

We work with our clients to both initiate formal dispute procedures and to defend them from such proceedings made against them.

We will work with you to agree the most appropriate method of resolving your dispute, considering both your potential entitlement and costs, and the timescales associated with the various options.

Mediation

We can act in a neutral capacity to mediate between the parties or act as a facilitator, or we can act directly on your behalf to procure a structured settlement. The mediation can be structured in a formal manner, following prescribed and recognised commercial mediation procedures, including strict confidentiality protocol resulting in a binding agreement recognised by the courts, or subject to the parties consent we can facilitate a way forward and devise a structure leading to final settlement.