If you are unfortunate enough to be involved in a dispute, don’t despair, says Steven Smith, B P Collins’ construction dispute resolution partner. If you choose an experienced lawyer from the outset, they should make you aware of the whole process, help you to avoid any pitfalls and advise on the steps you can take to secure the best possible outcome.

Firstly, it is vital to speak with an experienced dispute resolution lawyer to help identify whether you are going down the right or wrong path with your dispute, if it should be pursued at all, or whether it would be beneficial to involve a lawyer in the process. They should advise on your legal position and the best course to take if you decide to continue with your claim or defence. They will need to see relevant documents – so it helps to have a good document management system with documents filed and categorised, preferably in chronological order. 

A very large proportion of cases settle well before anyone reaches a trial or final hearing. This is primarily because there is very rarely a ‘dead-cert’ case for either party, and so when considering risk and the costs of litigating something all the way to trial, settlement is usually the best solution.  An experienced dispute resolution lawyer will help you strategically to put yourself in the best possible position for any settlement discussions. This might include:  

A strong opening letter. This could be a letter before action or a response to such a letter, setting out your position. Including key evidence to support your position is very important, so ensure that you pass all the relevant information and documents to your lawyer (even the ones you don’t think will help). Only then a lawyer will know what they are working with and also avoid any last-minute surprises, which helps no-one. Your lawyer will also advise on whether or not to seek expert witness evidence and, if so, who would be best placed to assist. 

Consider whether to make an early ‘protective’ offer. A well-pitched offer which the other side is unlikely to beat at trial can put significant pressure on them to engage constructively in settlement talks.  If not, they run the risk that if they lose or do not ‘beat’ the offer at a trial they will be liable for a significant portion of your legal fees plus interest.

During the whole process it is important that you do not post anything on social media or contact the other party or their friends or associates about the dispute. It is understandable that emotions will often run high but it is best to steer well clear, as it may undermine your case.

It is worth considering mediation as soon as both parties have laid their cards on the table as it can be a powerful way to resolve disputes. Why? Firstly, everyone is in the same (virtual or real) building or room, and they have spent time and money to get to there. It is in everyone’s interests to engage in settlement talks productively and in good faith. Secondly, a skilful mediator will be able to focus the parties’ attention on the issues which are in dispute and help overcome often entrenched positions where it is difficult to see the wood for the trees. B P Collins regularly attends mediations representing clients and we have trained mediators as part of our team. The success rate is very high and if a dispute can be settled at mediation at an early stage of proceedings it is significantly more cost effective than going all the way to trial.

If you’re involved in a dispute, B P Collins LLP can help. If you would like further information or advice about any construction dispute, please call 01753889995 or email
enquiries@bpcollins.co.uk.