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United Kingdom

Construction & Infrastructure Disputes


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Our construction disputes team has long experience of helping clients anticipate and prevent disputes which can arise rapidly during the course of projects. Our experience covers the full range of construction disputes including, claims for defective works, contract termination, loss and expense, acceleration, additional works and prolongation. We are experienced in disputes arising under all of the standard forms and also in respect of the various public procurement methods including PFI and PPP.

Should a dispute occur, we work actively with you and your team to prepare and defend claims and provide strategic advice to enable you to reach an effective resolution, where possible without formal legal intervention.

Throughout we aim to adopt a realistic commercial approach to disputes resolution, with an emphasis on providing value for money. To help ensure a cost-effective service, our lawyers are supported by an experienced paralegal team and document management systems of proven reliability. We actively manage the costs of disputes through detailed fee estimates, regular monitoring and flexible fee structures (including conditional fee agreements where appropriate).

Domestically, even today, a reference to adjudication can catch clients unawares. In such situations we are able to move rapidly to assist and enable you to defend your position effectively. We also have extensive experience of pursuing large and complex claims via adjudication and subsequent court enforcement.

Adjudication may not be the best solution, however, in the case of substantial claims of this kind. In addition to acting in court proceedings, arbitrations and other contractual disputes processes, we advise often on informal ad-hoc types of alternative dispute resolution, including mediation early neutral evaluation and expert determination.

Internationally, we act for a wide range of clients in relation to ICC, UNCITRAL and other forms of arbitration, often in foreign jurisdictions (ranging from Peru to the Philippines). Further information regarding our international arbitration expertise can be found here.

Relevant experience includes advising:

  • Metronet (and subsequently its PPP administrators) with regard to disputes arising from contracts for the refurbishment of London Underground lines including the pursuit and defence of adjudications and High Court proceedings.
  • A UK road contractor on a multi-million pound final account claim to enforce an adjudicator’s decision and on two later arbitrations.
  • A major contractor in a £32 million TCC claim against a cladding subcontractor and design professionals in relation to a series of defects in the cladding of a major office building in Guildford.
  • An international developer/investor on a £10m dispute with its contractor concerning a late and defective residential development, including arbitration and English court proceedings.
  • A Polish city municipality in relation to an ICC arbitration concerning a major infrastructure project.

For your online legal updates
Key Contacts
Caroline Cummins
Partner
caroline.cummins@cms-cmck.com
+44 (0)20 7367 2914 London

Rupert Choat
Partner
rupert.choat@cms-cmck.com
+44 (0)20 7367 3573 London

Henry Sherman
Partner
henry.sherman@cms-cmck.com
+44 (0)20 7367 2526 London

Victoria Peckett
Partner
victoria.peckett@cms-cmck.com
+44 (0)20 7367 2544 London
What Others Say

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