Dispute Resolution
Putting Your Case
As a Specialist Contractor experiencing unfair treatment from a main contractor or client, you may need to consider taking formal action in order to get paid what’s rightfully yours.
We specialise in helping subcontractors with contractual and commercial issues and have amassed over 29 years of experience in dispute resolution.
Our experience and first-hand knowledge of the construction industry equips us to deal with whatever challenges may be thrown at you. Our team have been at the sharp end with National and Local Contractors, Sub-Contractors, PQS and specialist dispute resolution organisations. We’ve seen the industry from all angles we understand the problems that impact your business.
We also understand the need to provide value for money to our clients and will employ our skills and tailor our service in a way that best suits your needs. Whatever your requirements, our team will provide an effective solution.
There are several dispute resolution methods that can be used depending on the particulars of your case. Our expert team are experienced in all manner of dispute resolution techniques and can advise you on the best way of putting your case, and getting it resolved.
"As is always the case with contractual issues within the construction industry, the poor old Specialist Sub-Contractor is always at the end of the line for payment and is usually left fighting for scraps.
Ashmore Consulting identified what we should fight for, what was not worth fighting for and more importantly how we went about making sure that for once, we got was contractually due to us."
Joe Makepeace - Hirst and Danson Group Ltd
Getting It Settled
Sub-Contracting in the construction industry is a difficult and risky business where the financial stakes are often high.
We have over 29 years’ experience in dispute resolution for Specialist Contractors and our experience ranges from controlling large projects to small maintenance contracts. This wealth of expertise enables us to put your case forward in a way that is tailored to suit your needs.
We can provide advice and assistance to sub-contractors as and when needed. We can supplement an existing quantity surveying team or provide the right people who can help.
Our enthusiasm and calm positive determination along with our training in a variety of disciplines including the law, negotiation, marketing, arbitration, quantity surveying and engineering, enable us to press your case in the most effective way possible.
We pride ourselves on resolving over 95% of cases without formal action, and have recovered £millions of pounds for Specialist Contractors like yourself.
"I have worked with Barry on many occasions over many years. He has always achieved great results whilst guiding us through very difficult contractual situations."
Andrew Clarke - Managing Terex Material Handling & Port Solutions (UK) Ltd
Adjudication
Adjudication is a method of dispute resolution that is commonly used by Specialist Contractors, and with the right advice it can be a fast and cost effective solution.
Adjudication is a statutory legal procedure which involves the case being decided by an ‘Adjudicator’ and the timescale for an adjudication from referral to decision can be as short as 42 days.
The scope of adjudication is set out in the provisions of the Housing Grants, Construction and Regeneration Act 1996, now modified by the Local Democracy, Economic Development and Construction Act 2009. This legislation is commonly referred to as the Construction Act.
Adjudication is an aspect of subcontract law which applies to sub-contracts in a wide range of construction and engineering projects, but does not apply to every contract.
"I want to express my own and our Directors thanks for your input on our recent payment problems ... and the successful resolution of the matter. Many thanks again."
Bernard Murray - Fireproof Fire Engineering Sprinkler System Specialists
Mediation
Mediation is an informal and non legal dispute resolution procedure. It involves an expert mediator, who understands your specialism and the construction industry, helping both parties to come to an agreement and settle the issue.
The expert mediator is impartial and assists both parties to come to an agreement. This method is good for handling disputes where the parties want to keep a positive relationship and are happy to come to a mutually beneficial agreement.
Barry Ashmore is a CEDR Accredited Mediator and can advise you about the merits of mediation and assist you to prepare for the process, and represent you during the mediation itself.
Some Contractors will include mediation as an option in their contracts and may even try and make it sound like mediation is a compulsory step. It is important to decide at a very early stage whether or not mediation is the right solution, as it can be a time consuming and costly diversion if the Contractor has no real willingness to settle.
"Barry has produced detailed advice on problem contracts from £50k to £5m, and given us precise recommendations tailored to our business and provided invaluable support in many tough negotiations."
Andrew Paling - Terex Material Handling & Port Solutions (UK) Ltd
Arbitration
Arbitration is an alternative to litigation. It is a voluntary dispute resolution process that is often written into contracts and subcontracts in the construction industry.
Arbitration is a private, contractual form of dispute resolution. It provides for the determination of disputes by a third party arbitrator or arbitration panel, selected by the parties to the dispute. Disputes are resolved on the basis of material facts, documents and relevant principles of law.
The arbitration process is administered by an appointed arbitrator subject to any relevant contractual rules and subject to the statutory regulatory framework applied by the domestic courts. There are only limited rights of appeal and legal costs are usually awarded to the successful party.
Arbitration clauses are traditionally found in all standard form contracts used in the UK. In the last few years however there has been a tendency to set the dispute resolution default at litigation rather than arbitration, leaving the parties to specifically agree to arbitration.
An arbitration clause in a contract will prevent you from referring the matter to the Courts. A fact that is often missed by those seeking to threaten "legal action".
It is essential to take appropriate professional advice in relation to arbitration and Ashmore Consulting can provide that for you.
"Barry is able to create a professional atmosphere in meetings which challenges people to commit to their responsibilities especially when they need reminding of them!"
Adam Telling - (Managing Director) Telling Finishings Ltd
Litigation
Litigation is the process of engaging in, or contesting matters in court as a means of resolving a dispute. The court is able to enforce or determine one party’s rights or obligations.
Litigation is not uncommon in the construction industry because of its adversarial nature and the tendency for disputes to arise. A combination of factors can lead to construction disputes.
Litigation has its benefits, but it also has its pitfalls, and in particular the costs and timescales for settling a dispute through litigation can be much greater than say adjudication.
It is essential that you make the right decisions and take the right kind of professional advice at the outset of any construction dispute, and our expertise has been instrumental in helping Specialist Contractors resolve disputes for over 29 years.
If you are considering court action as a means of resolving a construction dispute please give us a call on 01773 715062 for a free no obligation chat.
"Barry has proved to be a great find and excellent value for money. His expert knowledge of construction law and his day to day experience in the industry has proved invaluable."
Chris Arkwell - CDI Group Ltd
Early Neutral Evaluation
Early neutral evaluation (ENE) refers to one or both parties seeking the advice of an experienced individual regarding the strength of their case. This individual will typically be appropriately qualified as they will be able to give some idea as to how strong a case you would have should you chose to take a legal dispute resolution route.
"I had a particularly difficult contractual position with a client, which could have led to a significant commercial loss on the project, through Barry’s involvement and assistance I managed to work positively and constructively with the client to amicably resolve the issues to the success of the project."
Phil Bradley - Jacobs LES E&I Specialist Sub-Contractors
Selecting Your Legal Team
If a complicated piece of machinery like the engine in your car needs fixing, do you get out the manuals and the tools and set about it yourself?
Getting your car fixed is relatively straightforward, but when you need to take professional advice about contractual or legal issues, how you are going to choose who to take that advice from.
Here are a few things you might want to consider before engaging a particular firm or individual:
- Credentials, qualifications and experience.
- Relevant experience. Have they had experience in the construction industry?
- Who will actually be doing the work? Will it be the person you meet and strike up a relationship with or just one of their team?
- Track record - Can they provide names and addresses of clients who they are happy for you to contact?
Barry J Ashmore Dip Law Dip Arb FCIArb MCMi is an industry authority and is well qualified in the field of construction law, he works exclusively with, and has resolved countless disputes for Specialist Contractors in the UK and overseas.
As featured on BBC Radio 5 Live and BBC local radio
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