Construction Litigation

Disputes in construction projects often result in litigation between the parties, and this area of law has become so popular that construction litigation is now its own niche, with the Technology and Construction Court especially formulated to hear such disputes, not just at its base in London, but in regional courts around the country as follows:

CDR has worked in a number of these courts assisting clients with litigation in construction and even appeared in the House of Lords for the landmark case of Ruxley – v – Forsyth.

CDR can assist clients with the court process and drafting documents and pleadings for use in court, including expert witness reports where required. CDR does not have rights of audience to represent parties in court, but works closely with a number of solicitors and barristers to provide direct access for clients to court representation, thus saving time and fees of employing both a solicitor and barrister to represent a party in litigation.

Litigation construction can be a very expensive and time-consuming affair, with medium sized disputes often taking a year or more to get to a hearing, and the costs reaching many tens of thousands of pounds. It is not unusual in construction litigation for the costs to out-value the merits in dispute, by the time the matter arrives at the hearing. This is a travesty of the system and the structure which allows such enormous fees to be clocked up. The courts have worked to stem the tide of rising fees and measures are in play to reduce them, however, many who have experienced constructions litigation at its worse will confirm just how often the costs become so out of proportion to the merits, that the matter becomes dominated by the costs and the actual merits of the dispute become secondary.

construction litigationIn order to remove these problems, CDR prides itself on seeking at every opportunity to avoid litigation through the use of mediation and adjudication. However, CDR recognises that in some instances, construction litigators are inevitable, and in those cases, CDR can offer specialist knowledge and experience to provide its clients with the safest and most cost-effective procedures to guard against spiralling costs and out of control delays. CDR is widely experienced in mediation which is being promoted by the courts at regular stages throughout the litigation process, and CDR also makes full use of all available cost safeguarding measures, including Part 36 offers to settle, and where required, security for costs applications.