While we seek to maintain, and strengthen, the relationship between our clients and Project Co, and facilitate productive negotiations and the swift resolution of issues, we understand that it may be necessary to escalate disputes to a formal process to resolve matters.
We have extensive experience in resolving disputes, adopting a strategic and clear approach to provide clarity and reassurance. We effectively select and coordinate expert witnesses and counsel, as well as organise and consolidate key evidence and documentation.
Our award-winning team has successfully acted on a range of disputes including:
Advising on contractual dispute resolution procedures, setting out the options available, applicable timescales and recommended course of action based on the nature of the dispute;
Assisting clients to prepare for liaison committee meetings and crystallising disputes;
Representing clients at mediations to resolve disputes without the need to escalate to adjudication, arbitration or formal court proceedings.
Acting for clients in adjudications on a range of disputes including:
- The failure, by Project Co, to appoint technical personnel in accordance with statutory requirements;
- The failure to accurately classify tasks on the Helpdesk, and to rectify and report the presence of defects; and
- The double-charging of consumables and catering items
all of which resulted in the award of substantial deductions and the accrual of rights to terminate the Project Agreement for Project Co Default;
- We are also currently acting for an NHS Trust in an adjudication to determine the amount of compensation payable, by the Trust to Project Co or vice versa, following the early termination of the Project Agreement. We have assisted the Trust in the appointment of an adjudicator and have drafted the key documentation needed to progress the dispute. We have also appointed experts on behalf of the Trust to assess the true condition of the facility and inform the amount of compensation payable.
Negotiating standstill agreements to preserve clients’ rights to terminate whilst allowing further opportunities for parties to explore dispute resolution options.
Negotiating settlement agreements to resolve disputes.