Resolving construction law disputes requires a strategic approach coupled with comprehensive understanding of this exceedingly specialized field of law.
Construction disputes can have a sweeping domino-effect, be it financial impact on tight margins, reputational damage, or project disruption.
At Adine Abro, we intimately adjudicate each case to grasp all the specific facts. We understand that our clients need prompt, clear, and tailored advice when construction disputes arise.
Our pre-emptive approach as construction dispute attorneys minimizes the impact of legal disputes – or altogether avoids them, ultimately safeguarding you from lengthy, expensive litigation.
Mediation | Conflict is inevitable in relationships and commonplace in the construction world. Many disputes are settled in court or sent to arbitration or adjudication. However, these processes can be costly, time consuming, inflexible, and destructive to the relationship between parties. Commercial mediation is an alternative dispute resolution process which offers parties the opportunity to resolve their disputes as well as save the business relationship.
Benefits of mediation include:
Flexibility, confidentiality, and effectiveness
Relatively high rates of settlement
Promotes high level of compliance with settlement agreement terms
Saves costs and time, helping parties realise optimal settlement terms
Encourages parties to focus on future-based constructive solutions
Creative solutions that address participants’ underlying needs and interests
Builds trust and communication between parties
Adjudication | Adjudication is a contractual procedure for swift interim dispute resolution. It is not litigation. Often subject to a strict timetable, adjudicative decisions are binding unless – and until – they are revised by arbitration or litigation. There is limited right to resist enforcement and zero right of appeal. Serious business.
Parties may select consulting experts
Said consulting experts can act as investigators
Lengthy oral arguments or legal submissions are avoided
No cross examination or formal evidence is necessitated
Less expensive than arbitration and litigation
DAB/DAAB | This dispute adjudication process comprises one or three independent and impartial individuals selected by the contracting parties. The Dispute Adjudication Board is usually appointed at project commencement before any disputes arise and, by undertaking regular site visits, is actively involved throughout the unfolding project. It is also possible to agree to a DAB or DAAB any time thereafter. Adjudicators ultimately help parties avoid or overcome any disagreements or disputes that may arise during the implementation of the contract. Our clients are duly advised to assess potential DAB costs at project commencement. We also assist our clients in the DAB process as well as accepting appointments to act as a DAB member.
Arbitration | Arbitration is preferrable to litigation because it provides contractual parties a certain level of control. Arbitration is generally the preferred method of dispute resolution in construction contracts whereby all proceedings and arbitral awards are kept confidential. Parties are not only able to appoint experienced experts in the field, but they can potentially settle disputes more expediently compared to litigation. Certain cases require levels of detail and examination that only arbitration can offer.
High Court Litigation | Litigation is the legal process of contesting court action as a means of dispute resolution. By determining the scope of each case, courts can enforce either party’s rights or obligations. Litigation is not uncommon in the construction industry because of its adversarial nature and subsequent disputes. Projects are usually long-term transactions with high uncertainty and complexity – it’s impossible to resolve every detail and foresee each contingency from the onset. Basic factors that drive the development of construction disputes are uncertainty, environmental curveballs, contractual problems, and participant behaviour. Our specialist team of attorneys has the acumen, knowledge, and experience to vigorously represent your interests in any kind of construction dispute. And when it comes to High Court Litigation, we champion your cause with tenacity for ultimate success.
At Adine Abro, expertise is key when it comes to dispute resolution. Our competency-focused process delivers predictable outcomes – time after time.