CONSTRUCTION LAW
Adjudication
CADR is an adjudication service; unlike our competitors, Adjudication and justice are at the core of our business model, facilitating our clients to benefit from a targeted approach second to none in the industry. CIBER’s consultants are multi-experienced from a Construction knowledge background of Adjudication and across all the stages of the process, leading the claim working on point, throughout CIBER adr managing and controlling the winning strategy. When an adjudicator issues an award to a party, the decision is enforceable; your opposition may fail to comply with that decision; CIBER adr safeguard your case using the legal instruments available to ensure payment is made.
Our adjudication service offering includes:
- Pro bono assessment of the merits of the case
- Case management of details and evidence required.
- Adjudication Notices
- Lead the Adjudication.
- Advise and control legal teams' input and costs.
- Provide expert witnesses as required.
- Enforce your decision.
Mediation
Disputes can compromise a project its finances and reputation in the public realm. Mediation can provide a reasonable and practical negotiated settlement with minimum impact on Construction. As consultants, CADR’s comprehensive command of all technical and legal issues ensures clients benefit from the best advice. We act as the mediator in mediation, assuring both parties of a fair outcome, neither compromising their transactional relationship in the provision of both moving forward together. Retained jointly, CADR negotiators objectively assess the matters in dispute, searching for both parties’ innovative best solution. This neutral approach allows both sides, and their Counsel, to maintain control of the process and the resulting settlement
CONSTRUCTION LAW
CONSTRUCTION LAW
Professional Negligence Claims
CADR enables Employers to levy damages claims for professional negligence against any professional advising them. A successful claim involves taking up notice against the professional’s indemnity insurance provider in a “PI Claim” often resolved by Negotiation or within 28 days of an Adjudication.
Construction professionals advise and manage projects to ensure the Employer or Contractor achieves a successful outcome. These professionals have a legal duty of care to act with reasonable skill and care to provide a professionally competent service level. When this service level is breached and falls below an acceptable standard, the consequences can be disastrous and cause significant financial loss.
- Incorrectly calculated costs and estimates
- Overvaluation or undervaluation of payments
- Defective works
- Planning permission failure
- Inadequate and incorrect designs and drawings
- Unsuitable or wrongly specified materials
- The project budget overrun
- Project delay and overrun.
- Insolvent Unlawful Trading Contractor
- Incorrect Notices
- Building regulation breaches
- Incorrect advice
Expert Witness
CADR Construction Consultant Panel provides Independent Expert Evidence on material facts specialising in construction dispute resolution. Our Experts are LETAPAEWE qualified; we also have Experts on the RICS Accredited Expert Witness Panel. In addition, CADR provides Expert Reports for Advisory or fully CPR 35 Compliant in Court proceedings or tribunals. As a practice, CADR is fully conversant with litigation and up to date with legislation, regulations, and civil procedures for Expert Witness work.
CADR Experts work with the client’s advisors to consider pre-action protocol, case management, conferences, meetings, settlements, and narrowing issues. We provide professional, objective, and unbiased Expert Evidence and Expert opinion in fully regulated compliance with the Royal Institute of Chartered Surveyors.
CONSTRUCTION LAW
CONSTRUCTION LAW
Shadow Expert
Shadow Expert works behind the scenes when the Court system has not given permission for its Party Experts and has appointed a Single or Joint Expert. Alternatively, the Court could have decided that an expert in a particular field is unnecessary. The CPR35 Expert aids and advises, including any questions to be put in cross-examination. In Adjudication, the process is less formal. Client bodies use Expert effectively to build a point and reinforce a position; for example, a terminated contract leaving an incomplete work position can be documented and recorded Expert Witness. Our Panel of Experts covers all disciplines and sectors in the construction industry areas in Construction on behalf of the Employers, Solicitor, Main Contractors, Subcontractors, or Insurance Companies, Insolvency Partitioners.
- Final Account enumeration and settlement
- As-built costs at termination
- Measurement Issues (SMM7, NRM, CESMM)
- Value of As-Built following Repudiation or Renunciation.
- Delay analysis, programmes, and disruption
- Interpretation of contracts
- Professional negligence
- Party Wall & Boundary disputes
- Loss and expense
- Liquidated damages liability
- Unlawful Insolvency and Insolvency offences
- Variations
- Practical completion
- Design responsibility
- Document conflicts
- Exclusion and onerous clauses
- Contra charges
- Damages valuations
- CIBER adr has provided Expert Reports for various Tribunal disputes, such as Court, Arbitration, Litigation, Adjudication and Mediation.
Insolvent Director Litigation
CADR have a working relationship with the significant IPs in the UK act for their appointed trustees in bankruptcy, liquidations, and administration. CADR get involved at the outset, advise on appointment issues, and assist with utilising the powerful investigative tools under the Insolvency Act and the Insolvency Rules to repatriate hidden assets. Including invoking the Court’s powers to request the production of relevant documents, investigate a bankrupt’s affairs and seek cross-examination. We also assist with challenging transactions, including preferences, transactions at an undervalue, transactions defrauding creditors, wrongful trading, and fraudulent trading. Our in-depth civil fraud expertise means that we are positioned to assist in complex insolvency disputes involving fraud and dishonesty. In addition, we understand how best to approach asset tracing, particularly when those assets have been deliberately dissipated or concealed.
CONSTRUCTION LAW
CONSTRUCTION LAW
Debt Recovery
Dealing with a construction dispute at Court is undoubtedly the most expensive and highest-risk option any business can choose over our more effective dispute resolution methods. It is a false economy to employ a Surveying Practice, Solicitor, or Barrister to process your claim and then attend Court proceedings. Largely the legal professional and the mainstream PQS building surveyors lack a basic understanding of construction law and how to negotiate settlements; moreover, their modus operandum to extract fees irrespective of the client’s result.
Alternative Dispute Resolution (ADR) is our preferred method for construction disputes taking Court costs out of the equation; in fact, the court system is geared and instructed to reject uncrystallised construction conflicts back to the parties involved.
These services include.
- Face to Face negotiations
- Structured Binding Mediation with the other party
- MED ABR – Pre-agreed arbitrated agreement.
- Working to Scott Schedules
- Statutory recovery of aged debts
Legal Support and Enforcementent
Should your claim be more advanced, such as an adjudication win, High Court Order, or enforcement of any nature, we provide a panel of legal expert support for the following.
- Letter before the action following the Civil Procedures Protocol
- Case Management and evidencing
- Construction Expert Reports CPR 35 compliant
- Enforcement of adjudications
- Part 7 and Part 8 Advisory
- Disqualified Director Litigation
CONSTRUCTION LAW
CONSTRUCTION LAW
Arbitration
Arbitration is an alternative to litigation for resolving construction industry disputes. For arbitrations seated in England and Wales, the Arbitration Act 1996 applies – but its provisions are generally non-mandatory, giving the parties autonomy on the arbitration process.
This process briefly overviews an arbitration’s key stages (under the ICC Rules).
Establishing the right to arbitrate (contractual or agreement)
Contractual
The parties must have agreed to resolve their disputes by Arbitration rather than by court proceedings – is there a clause in the Contract to that effect? If so, check which arbitration rules apply and follow them.
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