CADR Adjudication

CONSTRUCTION LAW

Adjudication

CIBER adr 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 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 manage and control 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 that payment is made.

Our adjudication service offering includes:

Mediation

Disputes can compromise a project its finances and reputation in the public realm. Mediation can provide a reasonable and expedient negotiated settlement with minimum impact on Construction. As consultants, CIBER adr’s comprehensive command of all technical and legal issues ensures clients benefit from the best available 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, CIBER ADR 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

CIBER adr 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.

Expert Witness

CIBER adr’s Construction Consultant Panel provide 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.  CIBER adr provide Expert Reports for both Advisory or fully CPR 35 Compliant into Court proceedings or Tribunal.  As a practice, CIBER adr is filly conversant with litigation and up to date with legislation, regulations, and civil procedures for Expert Witness work.

CIBER Experts works 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 full 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.

Insolvent Director Litigation

CIBER adr have a working relationship with the significant IPs in the UK act for their appointed trustees in bankruptcy, liquidations, and administration. CIBER adr get involved at the outset, and advise on appointment issues, 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 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, and transactions defrauding creditors and wrongful trading and fraudulent trading. Our in-depth civil fraud expertise means that we are positioned to assist in complex insolvency disputes that involve an element of fraud and dishonesty. 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 that any business can choose over our more effective dispute resolutions methods. It is a false economy to employ a Surveying Practice, Solicitor or Barrister to process your claim then attend Court proceedings. Largely the legal professional and the mainstream PQS building surveyors lack the 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.

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.

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 gives a brief overview of 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 be sure to follow them.