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Construction Disputes
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The construction industry, as well as being affected by cyclical economic conditions, has been subject to a number of legislative changes affecting both contracts and disputes in recent years. There has been a major upheaval in the law affecting standard forms of contracts and consultants' terms of engagement and a practically unprecedented legislative intervention in commercial contracts. At the same time, legislation has brought significant changes to the way in which the sector resolves disputes.

The established Construction team at Osborne Clarke understands the immense changes that are sweeping through the construction world. According to Chambers & Partners 2005, we offer “sound advice” are “commercial and knowledgeable” and “pretty aggressive litigators.”

We advise on all contentious and non-contentious issues affecting the sector, acting for a wide cross-section of the construction and engineering community, in both the private and public sectors. This gives us the expertise to resolve disputes in a straightforward and commercial manner. We understand that for our clients, cost predictability is very important. Where possible, we offer some of our services as product-based packages.

We know how effectively the various forms of Alternative Dispute Resolution, such as conciliation, mediation and arbitration can help in resolving disputes. We have extensive adjudication experience and regularly act for both claimants and respondents on multi million pound claims. One of our partners is a practising adjudicator and author of the leading text 'Adjudication in Construction Contracts'. Another partner is the chairperson of the South West focus of the Adjudication Society. We have litigated to enforce and resist enforcement of adjudication decisions, including the leading authority McAlpine –v Transco, and offer clients training in preparing to present and defend adjudication claims.

We are also noted for our international arbitration expertise. One of our partners is a Chartered Arbitrator and members of the team play an active role on the Advisory Board of the Institute for Transnational Arbitration, the London Chamber of International Arbitration, and as a former national Chairman of the UK Society of Construction Law. Another partner was previously the chairperson of the South Yorkshire focus of the UK Society of Construction Law and is currently a member of the Chartered Institute of Arbitration and UK Energy Lawyers Group. This activity ensures we remain at the leading edge of new legislative developments and insiders in our chosen areas of expertise. Our clients benefit, as we help them to anticipate and implement changes, which – in turn – maximise their business opportunities and minimise their risks.

But, if litigation is inevitable, we know how to make the procedures work to promote the best possible deal for our clients and, if necessary, to succeed in Court.

John Redmond
t +44 (0)117 917 3458
john.redmond@osborneclarke.com

clients:
  • Birse Construction
  • Costain Construction Ltd
  • National Grid Transco Plc
  • Nishimatsu Construction Co Ltd
  • University of Bristol
  • Western Power Distribution


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