Construction
How do I know if I need legal advice?
- Written by: Samuel Okoronkwo
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Not every issue you have will result in a dispute. There will be cases when disagreements can be solved with communication between the parties involved. However, as is often the case, just because you can does not always mean you should – especially in cases where legally binding agreements are involved.
If you are ill prepared you could find yourself out of your depth in these negotiations. Some larger employers may use this lack of understanding to their advantage to mislead or even intimidate smaller contractors.
However, due to time and money constraints, the risk of this may still seem preferable to a lengthy and costly court battle. That would be understandable if litigation was your only option.
Legal advice does not always lead to the courtroom
The cause of construction disputes will usually fall within three main categories: cost, time or quality. In my personal experience, I have found that time related disputes (usually due to ineffective project planning leading to delays) are the most common. However the size of disruption can vary from dispute to dispute no matter the cause.
Seeking legal advice does not always end in a courtroom. In fact, doing so may even be the reason you are able to avoid one, especially in cases of construction disputes. If you were not already aware, litigation is not the only dispute resolution available to you. In fact, it is one that experts would advise you to avoid.
Instead, a legal expert would be more likely to suggest adjudication – a method of ADR (Alternative Dispute Resolution) favoured by the construction industry. The reason for this is because adjudication typically takes 28 days which is a much shorter process than traditional litigation. The fees associated with adjudication are also significantly lower than that of litigation.
While the process of adjudication is more straightforward than litigation, there are still plenty of ways the process can trip you up if you are unprepared.
When is the best time to seek advice?
The very best time to seek legal advice is as soon as you are aware of a disagreement, even if that disagreement has yet to become an official dispute. In some cases, this advice may mean that the dispute can be avoided entirely. In other cases, it will ensure you are prepared to take the right path in dispute resolution.
Should you choose to go ahead with dispute resolution without first seeking legal advice, the option is still available to you. However, it should be kept in mind that the further down the path you are, the harder it will be to turn back should any wrong moves have been made. Therefore, I cannot stress enough that seeking legal advice from the outset is in your best interest.
What are the risks of not seeking legal advice?
As I have already pointed out, adjudication is a fairly straightforward process but that does not mean mistakes or misunderstandings will not happen.
Conclusion
On Tuesday 2nd December, I will be going into even more detail about how to prepare for adjudication. Adjudication is often won or lost before the process even begins, an even greater argument for seeking legal advice before beginning the process. This webinar will explore how to prepare effectively for adjudication so that your case is focused, properly evidenced and strategically positioned from the outset.
Do not miss this chance to gain free legal advice about the adjudication processes. Secure your spot here. For advice on your specific dispute or concerns, get in touch with the team at Mercantile Barristers.
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