Litigation

Despite the widespread use of adjudication, court action will always be required in some cases, from debt recovery and insolvency, to adjudication enforcement, to full-blown substantive proceedings in the Technology and Construction Court (TCC).

litigation

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. We have experience of bringing and defending claims for everything from a few thousand pounds to £150m+, as well as increasing expertise in fire safety and cladding related claims and complex multi-party action.

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.

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adjudication

Adjudication

Adjudications are our bread and butter. For better or worse, it’s the industry’s go-to dispute resolution forum. While adjudication has its flaws – believe us, we know – it can be a quick and cost-efficient route…
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I have been working with Ruth and the Team for a number of years on various complex issues. They always go the extra mile to understand the commercial reality of situations providing detailed and well thought out guidance and legal advice every time. They are an invaluable support service when required and it is clear that they genuinely care about providing the best service possible to our business.

Daniel Maguire

Commercial Director – Rail & Infrastructure Division | VolkerFitzpatrick