Court Proceedings

While every effort is made to resolve construction disputes as quickly and effectively as possible there are some construction disputes that need to be resolved in the issue of Court proceedings, either in the County Court or High Court in the Technology and Construction Court (“TCC”).  We are experienced in all forms of Court proceedings and are able to respond instantly to urgent situations that require the immediate application to the Court to seek injunctive relief to safeguard a client’s interests or prevent the disposal or removal of assets. 

We have extensive experience in the TCC taking matters through to trial and successfully winning key reported cases for our clients, for example see Sydenhams (Timber Engineering) Ltd v CHG Holdings Ltd (HT 06 236). 

We have successfully litigated many complex, high value claims using a combination of Court based proceedings and Alternative Dispute Resolution (“ADR”) through mediation to resolve a variety of different, complex issues.  We always look at what is the most appropriate, effective dispute resolution mechanism and often combine several options together to achieve the required commercial outcome for our clients. 

Our litigation experience is over a wide area of construction and construction industry issues with particular expertise in housebuilding renovation, access and support scaffolding, industrial insulation and painting and shipbuilding.  We also act for many construction clients involved in development, housebuilding, renovation and refurbishment projects in domestic, industrial and educational settings. 

We also have enormous experience in ancillary litigation to construction claims, including breach of warranty claims, insolvency, product liability and debt recovery. 

Peter Rolph with over 30 years experience in construction litigation heads the construction law team and is able to identify the solution best suited to the dispute to achieve the commercial outcome required.  We never lose sight of the commercial objective and view ourselves as part of the client’s team to achieve the right commercial outcome. 

With a partner led service in both contentious and non-contentious construction law, we are best placed to advise throughout the history of the project from the first plans on the drawing board to completion and final account resolution.

Court based proceedings through litigation either in the County Court or TCC remains a primary way of resolving construction claims and as such its effective use at the correct and appropriate time can either promote a settlement or agreed outcome or successfully resolve disputes that cannot be resolved in a more effective way. 

We will give you the right advice at the right time to resolve your construction dispute.  Our experience and expertise allows us to advise clients fully on the correct legal strategy to find a commercial, cost effective outcome to disputes and avoid unnecessary legal and other costs and wasted management time.  

Contact our construction solicitors

If you would like to discuss further with our specialist construction solicitors that specialise in Court proceedings please contact us or call 01202 294566.

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