How We Can Help – Construction Disputes, ADR and Adjudication.

We establish the true financial position of a construction dispute by examining the contract, payment applications, valuations, variations, supporting records and the circumstances giving rise to the disagreement.

Our experience as construction commercial professionals enables us to distinguish between genuine contractual entitlements, disputed valuations and claims that may lack adequate substantiation.

We identify the strengths and weaknesses of the financial case, assess the potential exposure and develop a commercially realistic strategy for recovery or defence.

Our objective is not simply to calculate the amount claimed, but to establish why it is contractually due, whether it can be substantiated and how the dispute can be resolved in our client's commercial interests.

Delay disputes require more than identifying that a project has finished late. It is necessary to establish what caused the delay, which activities were affected, whether those activities were critical and who bears contractual responsibility.

We examine construction programmes, progress records, instructions, variations, compensation events and the relevant contractual provisions to assess entitlement to extensions of time and associated financial claims.

Where specialist programming or forensic delay analysis is required, we coordinate the necessary expertise as part of the overall dispute strategy.

Our approach is to establish a defensible position on delay and causation, recognising that an extension-of-time claim is only as strong as the programme evidence and contractual basis supporting it.

Before pursuing or defending any construction dispute, we establish the contractual rights and obligations of the parties.

This involves examining the agreement, amendments, payment provisions, notices, instructions, variations and other relevant contractual mechanisms, including those under JCT, NEC and bespoke construction contracts.

We consider not only what the contract says, but how it has been administered and the significance of the parties' actions and correspondence.

Understanding the true contractual position enables us to identify legitimate entitlements, recognise weaknesses and determine the most appropriate commercial or dispute resolution strategy.

Our objective is to ensure that decisions are based on the contractual evidence rather than assumptions about what a party believes it should be entitled to.

We believe that many construction disputes can be resolved without the expense and disruption of formal adjudication or litigation.

However, meaningful negotiation begins with understanding the strength of your contractual position. Once that position has been established, we engage with the other party to identify the issues in dispute, challenge unsupported positions and explore opportunities for commercial settlement.

Our experience enables us to approach negotiations with an understanding of the financial, contractual and practical pressures affecting both parties.

Compromise should not mean simply surrendering legitimate entitlements. It should be an informed commercial decision, balancing the strength of the claim, the likely outcome, the costs of proceedings and the interests of the business.

Where an acceptable resolution cannot be achieved, we advise on the appropriate next steps.

Optimum Resolution represents contractors, subcontractors and employers in construction adjudication under JCT, NEC and bespoke contracts.

We assess the contractual and evidential merits of a dispute before recommending proceedings, recognising that an adjudication should not be commenced simply because a claim can be made.

Where adjudication is appropriate, we manage the process from the Notice of Adjudication through to the final Decision. This includes establishing the contractual arguments, preparing the Referral or Response, managing evidence and coordinating specialist planning, valuation or technical input where required.

Our practical construction experience, combined with specialist adjudication expertise, enables us to address both the contractual and commercial issues underlying the dispute.

We will also advise against adjudication where the evidence or contractual position does not justify the cost and risk.

Construction disputes can place substantial pressure on a contractor's cash flow, particularly where significant payments are withheld or a final account remains unresolved.

We assess the contractual and commercial position, identify potential routes to recover outstanding entitlements and explore negotiated solutions aimed at reducing immediate financial pressure.

Where a contractor faces insolvency proceedings or a winding-up petition, we work alongside its directors, solicitors and licensed insolvency practitioners to help establish the construction-related claims and contractual issues that may affect the company's position.

Our involvement concentrates on the construction contract and commercial dispute aspects, ensuring that specialist insolvency and legal matters are addressed by the appropriate professionals.

The objective is to identify realistic options early, before financial difficulties become more difficult to manage.