Dispute Management & Resolution

Dispute Management

Establishing the existence of a contract, whether formally signed by both parties, through written exchanges of correspondence or verbally accepted through conversations, is often the first matter to understand in any dispute. Our team will support you to determine and understand the extent of your contract obligations and responsibilities to the other parties, whether this be undertaken at the project outset, or as part of the claim process.

Reducing opportunities and the likelihood for disputes to arise would always be our primary goal and we can assist in a number of ways: proactively supporting you by reviewing proposed contract terms in advance of execution, drafting or implementing procedures for adequate record keeping or proper contract administration during projects, briefing and supporting your project delivery and commercial teams to ensure projects are being properly executed and managed correctly, and investigating project documentation to assess the merit of raising a claim, or identifying defences to a claim brought forward by the other contracting party.

Our consultants have the necessary technical skills, backed with contracts and legal qualifications to review contract and project documentation and, if necessary, develop a strategic approach to the preparation and management of a fully documented claim, counterclaim or a claim response. We can provide expert advice on the contractual and legal validity of claims and assess the extent of your commercial or contractual entitlement or liability.

Whether you are looking to raise a claim or defend a dispute, Diafora can assist with the preparation and presentation of various claims, including the most common construction disputes such as:

• Late payments or disputed payment amounts
• Disputes arising from changes in, or unclear scope
• Disputes arising from delay and/or disruption, access issues, prevention etc
• Extension of Time entitlements and prolongation
• Loss and/or expense claims
• Claims for acceleration
• Unforeseen and different physical conditions
• Deficiencies within contract documentation
• Claims arising from the performance of professional advisers
• Defending against contra charges, set-off and counter claims
• Assessment of Force Majeure Events
• Wrongful termination or suspension

Diafora can carry out the work required to prepare or defend claims or alternatively act in an advisory role to provide guidance and direction for claim preparation by your in-house resources.

Whether you are a client / developer, programme manager, contractor, architect, construction manager or subcontractor, with Diafora on your side we can successfully steer you through the claims and disputes maze and secure your rightful entitlements. Contact us today to discuss your requirements.

Dispute Resolution 

Construction claims are both costly and time consuming for your organisation and your clients, how you resolve them will make the difference.

By recognising a potential issue at an early stage, opportunity to resolve a dispute can be improved significantly and the chances of success without the need for costly and time consuming legal action may be avoided.

We will advise on the possible solutions to a dispute, such as by making use of existing contract provisions, legislation, or alternative dispute resolution options including mediation or negotiation.

Contract Provisions

By analysing the construction contract and the parties performance throughout the construction duration we will identify, analyse, quantify, prepare and present construction claims arising during a project and we are strongly equipped to provide ongoing support in assessing or validating your entitlement as matters develop.

Adjudication

Adjudications are a common form of dispute resolution within the UK and a process which is supported by legislation. They work on tight timescales and strict processes must be followed to ensure compliance. Our consultants have experience raising adjudications as the referring party and reply to them as the responding party. If you receive a notice of adjudication, do not hesitate, contact us immediately and our flexible team of consultants will support you through the process.

Alternative Dispute Resolution (ADR)

ADR can take many forms, the most common of which are negotiation and mediations. Talk to us about the options available and how they may benefit your company.

The Advantage of Expertise

Often, for a more complex dispute to be resolved, we will work closely in partnership with our experienced consulting lawyers, who will provide further support by analysing individual dispute situations and provide the objective and technical assessment needed to reach resolution and with the best outcome for you.

From mediation, adjudication, arbitration and litigation consulting to expert witness, we have the tried and tested talent to support you in every phase of the litigation and dispute resolution process.

Diafora provides expert litigation services in a variety of capacities. Our legal partners serve our clients in a range of ways from providing assistance in navigating the litigation process to providing expert witness testimony. We analyse each particular dispute situation to gain a complete understanding of every aspect and then draw from our combined pool of experts in law, management, construction and engineering to ensure the best outcome for you.

Our specialist construction legal team has successfully supported Client’s within the UK and beyond, consistently securing their entitlements and protecting their best interests, we are confident we can support you too to achieve the best outcome possible for your project and business.