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There is more construction litigation to come, warns Wakemans23rd October 2012


Property and construction consultancy Wakemans has warned that more litigation can be expected for the construction industry following the publication of new statistics that predict further falls in output over the next two years with no return to growth predicted until 2014.

Wakemans director Adrian Aston said that experience has shown that there is a significant increase in building related conflicts during times of recession.

“Disputes can come from both sides, businesses or individuals that have procured projects, which can come under increasing pressure from economic factors and contractors that have engaged in highly competitive tenders are both looking to re-coup costs.”

Contractors are exposed to additional risk from their supply chains, they also suffer from highly competitive pricing, which can lead to them going out of business and impacting on the contractor’s programme of work.

Claims can be settled by mediation or in the case of most building contracts, Alternative Dispute Resolution (ADR) before they reach the courts, but according to Adrian some still go to court despite mediation routes being cheaper and quicker.

“Disputes can arise due to a myriad of reasons. Typically, we will be asked to provide an independent evaluation of quantum matters relating to the value of work carried out or variations to the contract and also a forensic analysis of the programme to understand the reason for delays to completion. Quality is another area as disputes arise over whether the finished product meets the specified quality criteria.”
 


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