Construction Property Development
Disputes Case Study
Got A Construction Dispute? End It Now!
Construction mediation was entered into by the claimants who were property developers, who had invested £2.3 million in a property development, £700,000 of which was invested by the defendant. The defendant gave an initial £350,000, the remainder was to be invested / paid 12 months after his initial investment.
The first payment of £350,000 was clearly evidenced in a contract between the parties, the second payment was agreed orally, with no witnesses, the parties had known and worked alongside each other for years and had done deals like this previously therefore this sort of arrangement was not uncommon.
When it came to paying the second payment, the defendant did not make it, and was asking for his initial payment back. Months passed; work on the development stopped due to a lack of funds, the collapse of the housing market and the general economic downturn.
Proceedings were instigated and the parties decided to try mediation. The defendant advised that the housing development was nowhere near complete, the value of the land had dropped, he had probably lost his original £350,000, what possible reason would he have to invest the remainder, especially when he was under no obligation to.
The claimants alleged he was under an obligation to, following the series of meetings they had and the particular conversation which this all relied upon. Equally they had only stopped construction as they had run out of money, having borrowed to make up the difference in the defendants share.
Neither party was willing to move, wanting to rely solely on the original contract which itself could have been construed better. A number of options were presented by both sides on how they could resolve this matter, which unsurprisingly appeared to favour more their position than the other sides.
An agreement was finally reached, whereby the defendant agreed to purchase the site off the claimants and complete the work and sell on the properties as he saw fit, the purchase price was nothing compared to the profit the defendant would make when he sold the properties. The purchase price allowed the claimants to relinquish all their debts, pay off all their partners, as well as be rid of this headache, which they clearly needed, as well as turn a small profit, nothing compared to what they could have made if the project was seen through to completion, but a resolution nevertheless.
- The mediation took 1 day compared to the 18 months this construction dispute had already gone on.
- The mediation only 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.
Construction Mediation Video
Our Construction Mediators
Click On Their Name To View Their CV
2002 CEDR, Academy of Experts, ADR Group Accredited Mediator. 21+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, CTLLS
Director, International Commercial & Workplace Mediator & Trainer
1998 CEDR & ADR Group Accredited Mediator. 25 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, MBACP
Psychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
2004 ADR Group Accredited Mediator. 19 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
Dentist, CIArb & ADR Group Accredited Mediator, 18 years mediation experience, has been involved in over 100 civil & commercial mediations.Dr. Michael ButterworthBDS, DGDP(UK), MFDS (RCS Eng), LLM, MCIArb
Dentist & Commercial & Family Mediator
2005 ADR Chambers Accredited Mediator. 18 years mediation experience. Chartered Accountant & Insurance Practitioner. Expert witness. Specialisms, insurance, liquidations, professional negligence, construction & boundaries.David S BlackBSc (Hons) CA FCII FCILA ACIArb MEWI
Commercial Mediator & Accountant
2017 CEDR Accredited, 6 years mediation experience. Specialisms, commercial, company, contract, property, probate, IP & professional negligence.Tim BennettPartner & Head of Dispute Resolution
at Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
2005 CEDR Accredited Mediator, 18 years mediation experience. Proprietor of Beaumonde Law Practice, Solicitor & employment law specialist. Specialisms company, unfair dismissal, discrimination & compromise agreements. English & Punjabi speaker.Sundeep Singh BhatiaEmployment Solicitor & Commercial Mediator
2011 CIArb Accredited Mediator. 12 Years Mediation Experience. 400+ mediations. CIArb Mediation Assessor. Specialisms, construction, property, commercial, boundaries, probate & professional negligence.Bruce BourneMRICS, MCIArb, Chartered Surveyor, Commercial Mediator
2009 RICS Accredited Mediator. 14 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. 13 years mediation experience. Specialisms, construction, engineering, contract, employment, partnership, shareholder & professional negligence disputes.Martin CollingwoodSolicitor, Commercial Mediator,
Arbitrator, Adjudicator, Med – Arb specialist
2004 CEDR & ADR Group Accredited Mediator. 19 years mediation experience. Barrister, conducted 110+ mediations. Specialisms, boundary, landlord & tenant, employment, contractual disputes.David DalyBarrister & Commercial Mediator
1996 CIArb Accredited mediator. 27 years mediation experience. Qualified as a solicitor in 1962. Specialisms. all forms of building and civil engineering projects in the UK & overseas.Roderick O'DriscollFCIArb, MBEng, Chartered Arbitrator, Accredited Mediator,
Notary Public, Qualified Solicitor of the Supreme Court
1998 Academy of Experts Accredited Mediator. Qualified Dispute Resolver. 25 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. 20 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. 27 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
2002 CEDR Accredited Mediator. 21 years mediation experience. Consensio workplace mediation course trainer. Specialisms, business, charities, contract, education, workplace, landlord & tenant, media, partnership, public sector, wills & probate.Carolyn GrahamCommercial & Workplace Mediator
ADR Group Accredited Mediator. 17 years mediation experience. 19 years as a civil litigator. Specialisms, personal injury, clinical & professional negligence, partnership, employment, landlord & tenant, commercial contract, boundary & probate disputes.Phil HeskethSolicitor till 2008, Commercial Mediator
1997 ADR Group Accredited Mediator. 26 years mediation experience. Head of insurance litigation department, specialising in personal injury & insurance litigation. Specialisms, personal injury, professional negligence, partnership, landlord & tenant.Paul Hughes Solicitor & Commercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years mediation experience. Specialisms, contract, debt recovery, consumer, property, repossessions, & personal injury.Maz Adam IqbalLLB (Hons), PGDip, MCIArb, CeMap,
Barrister, Mortgage Advisor & Commercial Mediator
2007 ADR Group Accredited Mediator.16 years mediation experience. Specialisms, property, insurance, construction, professional negligence, boundaries, landlord & tenant & engineering.Russell JonesSolicitor & Commercial Mediator
2008 Accredited Mediator. 15 years mediation experience. Specialisms, commercial, company, contract, employment, insolvency & personal injury law.Joe Al KhayatBarrister & Commercial Mediator
2003 CEDR Accredited Mediator. 2004 ADR Group Accredited Mediator. 20 years mediation experience. Various directorships. Specialisms, building, construction, family business, partnership, commercial contracts, landlord & tenant & professional negligence.Robin LeaBSc Mech Engineering, Commercial Mediator
1999 CEDR Accredited Mediator. 90% success rate. 24 years mediation experience. Specialisms, contract, employment, boundary, building & construction.Edward LegardBarrister, Employment Judge & Commercial Mediator
2007 ADR Group Accredited Mediator. 16 years mediation experience. Specialisms, construction, property, commercial landlord & tenant, boundary, shared ownership, occupation & Inheritance Act disputes.Michael McCourtLLB MSc FCIArb, Deputy District
Judge, Commercial & Family Mediator
2001 ADR Group Accredited Mediator. 22 years mediation experience. Specialisms, building, construction, civil engineering, professional negligence, boundary & contracts.Paul NewmanBarrister, Adjudicator & Commercial Mediator
2002 ADR Group Accredited Mediator. 21 years mediation experience. Qualified as a Solicitor in 1982. Family Mediator (MIAMs) trained also. Specialisms, family, probate, contract, debt recovery, & workplace disputes.Frances PlaceCommercial & Family Mediator
1997 ADR Group Accredited Mediator. 26 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
2007 ADR Group Accredited Mediator. 16 years mediation experience. Family & workplace mediation trained. Specialisms, probate, landlord / tenant, boundary, partnership, building, contract, insurance, professional negligence, family & workplace.Julian RendallLLM, MCIArb, FMCA, MIAM's PPC
Supervisor, Commercial, Workplace & Family Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. Specialisms, business, company, contract, debt recovery, director & partnerships.Jeffrey C RosenthalBSc (Econ) FCCA FCIArb MAE, Accountant,
Arbitrator, Expert Witness & Commercial Mediator
2008 ADR Group Accredited Mediator. 15 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
2008 ADR Chambers Accredited Mediator. 15 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
2007 CIArb Accredited Mediator. 16 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
2005 CEDR Accredited Mediator. 18 years mediation experience. Family Mediator also. Vice President of the Law Society of England & Wales. English, Punjabi & Urdu speaker. Specialisms, property, boundary, directors, probate & contract.Lubna ShujaSolicitor, Commercial & Family Mediator
2003 ADR Group Accredited Mediator. 20 years mediation experience. 70+ mediations. Specialisms, workplace, insurance, professional negligence, contract, property & private equity.Louisa TaylorSolicitor & Commercial Mediator
2002 CEDR Accredited Mediator. 21 years mediation experience. CIArb commercial mediation assessor. Issued over 175 arbitration awards. Co-author of ‘The Arbitration Act 1996 – A Commentary’. Principal Lecturer, University of the West of England. Specialisms, property, commercial & construction.Jonathan TecksMA, FCIArb, DiplCArb, Barrister,
Arbitrator, Academic & Commercial Mediator
2004 CEDR Accredited Mediator. 19 years mediation experience. Specialisms, construction, property, commercial, IT, market/industry analysis & business cases.Dr Paul WheatlyCommercial Mediator
2003 ADR Chambers Accredited Mediator. 20 years experience. Family & workplace mediation trained. Specialisms, construction, engineering, PFI/Projects, professional negligence, neighbour, litigation, family & workplace.Peter WebsterSolicitor, Commercial, Workplace & Family Mediator
2019 Accredited Mediator. 4 Years Mediation Experience. Managing Partner Gotelee LLP. Employment Solicitor, specialisms, workplace, employment & commercial litigation.Andrew WestSolicitor, Commercial & Workplace Mediator
20 Years of Experience, 1000+ Mediations, 90% success rate, mediated every type of commercial & workplace dispute.Harvinder Singh Bhurji
Jane encourages people to take full advantage of the mediation process and the control...Jane Walmsley
Dispute resolution; Professional negligence including Clinical Negligence; Product Liability; personal injury...Paul Balen
Conduct of employment law matters including unfair dismissal, discrimination and compromise agreement.Sundeep Singh Bhatia
Grants background involves both commercial and contentious aspects of the law.Grant Goodlad
She works cross sector and has mediated a wide range of disputes especially employment and workplace.Carolyn Graham
Professional Mediator accredited by ADR Group in 2006 with 19 years experience as a civil litigation solicitorPhil Hesketh
Specialist employment practitioner covering all major aspects of employment law.Edward Legard
Founded and managed Family Mediation Department at Lyons Davidson for 11 years.Frances Place
Louisa is an experienced and highly competent mediator with a background in private equity.Louisa Taylor
Construction & Engineering, PFI/Projects, Professional Negligence, Neighbour Disputes, Commercial Litigation..Peter Webster