Dispute Mitigation & Resolution
Construction disputes are often avoidable, but unresolved commercial issues can escalate quickly if not managed properly. We help project teams identify emerging disputes early, protect contractual positions, and resolve matters commercially wherever possible. Where escalation is unavoidable, we support structured negotiation and formal processes with clear, evidence-led preparation and robust commercial substantiation.
Proactive Dispute Management
Our approach to dispute mitigation focuses on early intervention, disciplined contract administration, and well-prepared commercial positions. Many disputes arise from poorly framed claims, incomplete records, or misaligned expectations. We work with clients to strengthen entitlement, improve substantiation, and reduce the likelihood of disputes progressing into formal proceedings.
- Early dispute identification and commercial risk assessment
- Contractual position reviews, including entitlement and compliance with notice and payment mechanisms
- Claims readiness and defensibility assessments prior to escalation
- Preparation of position papers, settlement briefs, and negotiation strategies
- Support during without-prejudice negotiations and commercial settlement discussions
- Adjudication support, including preparation and review of payment claims and payment schedules with sufficient substantiation to minimise escalation risk
- Forensic review of project records, correspondence, and cost data to establish defensible commercial positions
- Coordination of multi-party issues and interface risks on complex projects
- Support to legal teams during adjudication, expert determination, arbitration, or litigation (commercial and quantum input only)
Where We Add Value
We are commonly engaged to support the resolution of complex commercial issues before they crystallise into formal disputes. Our preference is to resolve matters efficiently and commercially, recognising the cost, time, and relationship impacts associated with formal dispute routes.
Dispute Avoidance
Proactive identification of emerging disputes, strengthening of contractual positions, and implementation of commercial strategies to resolve issues before escalation.
Negotiation & Settlement
Preparation of settlement positions, commercial and quantum analysis, and support during negotiations to achieve pragmatic outcomes without unnecessary legal cost.
Forensic Analysis
Detailed review of project records, contractual correspondence, programmes, and cost data to establish facts, identify entitlement, and support defensible positions.
Formal Proceedings
Commercial and quantum support to adjudication, expert determination, arbitration, and litigation processes, including preparation of supporting material and coordination with legal advisors and appointed experts.
Facing a Dispute — or Looking to Avoid One?
Whether you are dealing with an emerging commercial issue or require support through formal processes, we can help clarify entitlement, strengthen substantiation, and support a practical path to resolution. Contact us to discuss your situation and how we can assist.
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