Negotiating construction disputes

Chartered surveyors are usually closely involved in the preparations for a claim or for a defence against a claim in a construction dispute. They are therefore the obvious choice of consultant to assist the parties in the negotiation of these disputes.

Most construction disputes are resolved by negotiation. Negotiations may take place alongside litigation, arbitration, adjudication or any form of alternative dispute resolution (ADR), or before such proceedings have been instigated.

If negotiations produce a settlement, the terms of the settlement should be embodied in a formal agreement enforceable by the court.

This section is maintained by Richard Mills of Mills & Co Solicitors.

RICS standards: Surveyors acting as adjudicators in the construction industry

RICS standards: Surveyors acting as advocates

RICS journal article: The obligation to adjudicate under NEC