Litigation

Despite the widespread use of adjudication, we remain construction litigators at heart. Court action will always be required in some cases, from simple debt recovery, to adjudication enforcement, to full-blown substantive proceedings in the Technology and Construction Court (TCC). As construction solicitors, unlike some involved in construction disputes, we are authorised to carry out litigation – which means we truly offer a full disputes service.

Issuing court proceedings is an expensive and time-consuming pursuit. It is rare that we advise it without exhausting every other avenue available. But it is usually an integral part of a disputes strategy – at least as a step of last resort – and when deployed at the right time and in the right way, litigation can swiftly move disputes forward. And of course, it can be your only option.

That is no truer than when defending a court claim. As well as bringing claims, we’re used to acting for defendants – both those that have seen the claim coming, and those that have to react quickly to an unexpected claim form. Although the dynamic is different, we know the paths to pursue (and just as importantly those not to), and we frequently work with counsel and experts to firmly defend claims and turn the tables on the claimant. Whether it’s a well-timed offer, a strategic concession, or a disclosure onslaught, never let it be said the defendant lacks options.

Construction litigation, like any court claim, is costly. We are transparent on our fees, and work to scope out work in advance, wherever possible providing stage-by-stage estimates and even fixed fees where possible. We can also consider damages-based agreements and insurance cover where possible. And ultimately, we will always look to mitigate your costs by winning the case, and making sure your opponent ends up footing the bill – what could be sweeter?

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