Construction Disputes Case Study
Construction disputes can become very complicated as the claimants (charity) in this matter found out. They had raised monies through charitable sources to have their multi use building / centre refurbished.
They brought a claim against the defendants (construction company) for defective workmanship / goods not fit for the purpose, an overall poor construction. As they alleged the specifications and drawings did not reflect the refurbishment they ended up with, they sought for rectification of the work and damages limited to £270,000.
The defendants advised that they had followed the brief fully, there were some discrepancies which they raised with the claimants time and time again, to which they got incorrect or incomplete instructions which caused delay as well as some of the errors.
After a tense day of negotiations the defendants agreed to rectify their mistakes alongside the snagging list and pay 80% of the claimants legal fees, the claimants realised that their approach could have been better and paid the defendants £75,000 towards rectifying issues which were ultimately down to the claimants for going wrong.
- The mediation took 1 day compared to the 8 months this construction dispute had already gone on.
- The mediation cost each party a fraction, compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.
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2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 20+years of experience. 1000+ mediation’s, 90% success rate. Mediated every type of commercial, workplace, boundary & family dispute. CIArb mediation assessor & trainer since 2007. ADR Group, Head of Mediation Training 2018 – 2020. English & Punjabi speaker.
Harvinder Singh BhurjiLLB (Hons), QDR(M), MCIArb, MCMI, CTLLSDirector, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 24 years experience, CIArb & RICS mediation trainer & assessor. Coach since 1987. Specialisms racial discrimination, unfair & constructive dismissal, bullying. Property, family businesses, construction, professional negligence. Director, partnerships, business, joint venture, debt, employment.
Jane WalmsleyBA, LLB, LLM, MCIArb, UKCP, MBACPPsychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 18 years mediation experience. CIArb Commercial Mediation Assessor. Solicitor & Consultant at Freeths 45+ years. Specialisms, dispute resolution, professional negligence, clinical negligence, product liability, personal injury, defamation & sports law.
Paul BalenLLB (Hons), Solicitor & Consultant at Freeths LLP, Director of Trust Mediation, Commercial Mediator
2005 ADR Chambers Accredited Mediator. 16 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.
David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWICommercial Mediator & Accountant
2009 RICS Accredited Mediator. 13 years mediation experience. Fellow of the Royal Institution of Chartered Surveyors.
Expert Witness, Determination. Specialisms construction, dilapidations, property & boundary.
Richard CavadinoChartered Quantity Surveyor & Commercial Mediator 
2010 CIArb Accredited Mediator. 12 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.
Martin CollingwoodSolicitor, Commercial Mediator,Arbitrator, Adjudicator, Med – Arb specialist
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 24 years mediation experience. CIArb commercial mediation course tutor & assessor. Issued well over 400 awards, decisions in civil & commercial disputes. Specialisms all commercial matters.
Ike EhiribeLLB (Hons) lagos, B.L, FCIArb, FSIArb, QDR, Barrister, Chartered Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
2003 CEDR Accredited Mediator. 19 years mediation experience. Manchester University lecturer, visiting lecturer & professor at several overseas universities. CIArb commercial mediation course tutor & assessor. Specialisms construction & engineering.
Dr. Peter FennBSc PhD FRICS FCIArb, Academic, Quantity Surveyor,Adjudicator, Arbitrator & Commercial Mediator
1996 CEDR Accredited Mediator. 26 years mediation experience. CIArb commercial mediation course tutor & assessor. Specialisms, construction, contracts, corporate sale, landlord & tenant, employment, personal injury & professional negligence.
Grant GoodladBarrister & Commercial Mediator 
2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 19 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.
Robin LeeBSc Mech Engineering, Commercial Mediator
2008 ADR Group Accredited Mediator. 14 years mediation experience. Was a solicitor for 9 years, before being called to the Bar. Specialisms, litigation, trusts of land, property, landlord tenant & unlawful eviction.
Tom RussellBarrister & Commercial Mediator 
2007 CIArb Accredited Mediator. 15 years mediation experience. Senior Counsel, Arbitrator, Conciliator, Med Arb & Expert Determination specialist. Specialisms, building, construction, civil engineering, rail, marine, energy, site remediation, professional negligence, contract & partnerships.
Ken SalmonMCIArb, Consultant Solicitor & Commercial Mediator 
2007 ADR Group Accredited Mediator. 15 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.
Michael McCourtLLB MSc FCIArb, Deputy DistrictJudge, Commercial & Family Mediator
1997 ADR Group Accredited Mediator. 25 years mediation experience. Solicitor since 1991, for many years having obtained a Ist Class Honours Law Degree from Liverpool University. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.
John RocheLLB (Hons) Solcitor & Commercial Mediator
2008 ADR Chambers Accredited Mediator. 14 years mediation experience. Director at Davisons Solicitors & Head of the Dispute Resolution Team. Specialisms, construction, probate, family, employment, contract & professional negligence.
Umran SadiqSolicitor & Commercial Mediator 
2003 ADR Chambers Accredited Mediator. 19 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.
Peter WebsterSolicitor, Commercial, Workplace & Family Mediator 
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