If you are in a construction dispute requiring resolution, you should consider taking advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998.
We are experts at preparing construction claims, including preparing delay analyses and loss and expense or damages claims. Our aim is to always ensure that the most effective construction claim strategy is adopted, so that hopefully construction claim negotiations are successful and the issue resolved amicably with the relationship intact.
Sometimes, due to external factors this is not always possible and resolution by a third party is required .
In construction, the quickest and most cost effective dispute resolution method is by construction adjudication. It is a relatively fast, cost effective and straight forward process. At Kenzie we are experts at representing clients within adjudication, drawing on our vast experience of construction claims to ensure that the adjudication process is successfully concluded in favour of our clients.
In our experience, if you manage the facts of the dispute in a clear and logical manner, that is readily understood by the adjudicator, then you are giving yourself the best chance possible of achieving a successful result. To obtain this you need to instruct experts who have vast experience of projects, construction claims and adjudication and can formulate and present your position in a clear manner.
Most construction adjudications are about time (extensions of time) or money (prolongation, disruption costs or the value of variations) or a lot of the time both. Key to these disputes are the delay and quantum analyses that are a fundamental part of the construction claim and may become the subject of an adjudication.
We believe it’s a distinct advantage for our clients, to be able instruct a single party who can manage the issue from the very beginning to final resolution. We can prepare (or defend) the construction claim, including the contractual basis, the delay and quantum analyses, as well as instigate, manage and prepare all necessary documents required within the adjudication. This avoids any potential duplication of effort and ensures that within adjudication the relative strengths and weakness’s of the claim are fully understood.
Or alternatively, during adjudication we can work alongside either your internal or external legal team to ensure that the most robust position is put forward on your behalf.
The adjudication procedure itself is relatively straightforward, clearly the most important factor is that within the requisite documentation put forward your position is clearly structured, readily understood and appropriately evidenced.
At Kenzie we have extensive experience of representing clients within adjudication, either as the claimant or the defendant. Given the fact that adjudication is binding on the parties subject to final determination, it is of the utmost importance that you put forward the most robust, comprehensive and detailed position possible. In our view, it’s best to “tier” or “stack” up your arguments so as to give yourself the best chance of a successful result.
We consider this comes from years of experience of managing numerous construction claims, disputes and adjudications. It’s only by seeing an issue through from the beginning to the end, that you truly understand the arguments that are likely to have the best chance of success. This is the foundation of our success… commitment, pragmatism and experience.
As construction dispute resolution experts, we help corporate clients and contractors get the result they need.
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