Resolving Disputes Without Adjudication
Not every dispute needs to end in Adjudication. At Optimum Resolution, we work to resolve construction claims early through evidence-based assessment, discussion and negotiation.
Amicable First, Adjudication Last
We are construction professionals first. We assess the build, the programme and the contract, and manage specialist input where needed.
In one recent case, we reviewed a contractor’s Extension of Time and Loss and Expense claim under the JCT Design and Build form. Our assessment focused on evidence, programming logic and contractual compliance. Our client avoided Adjudication and settled the claim for 36% of the amount originally demanded. This was above our own valuation, but still saved the client hundreds of thousands of pounds.
Meet, discuss, and compromise
Our primary goal is to resolve our client's disputes proactively. We start by engaging in direct dialogue with all parties to understand their perceptions and reasons behind the evolving dispute. By conducting open and constructive meetings, we foster an environment of communication and mutual understanding, which often softens both parties' stances.
Our approach emphasises the power of compromise, which is often the best way to address disputes effectively. By encouraging all parties to find common ground, we facilitate the development of win-win solutions that meet the needs of both parties.
The art of compromise allows us to avoid unnecessary escalations and legal battles. Instead, we focus on finding resolutions that preserve relationships, save time, and minimise costs for all parties involved.
Disputes resolved without adjudication
Case Study 1 – Dismantling a Contractor Claim Before Adjudication
Optimum Resolution was appointed to evaluate and respond to a high-value Loss and Expense and Extension of Time claim on a large construction scheme. The contractor was seeking hundreds of thousands of pounds for delays it blamed on third-party approvals and statutory connections.
A high-value delay and cost claim settled at 36% of the original demand, without adjudication.
Case Study 2 – Resolved Without Adjudication – A Lesson in Understanding Construction Delay
Optimum Resolution was instructed to assess and respond to a Loss and Expense and Extension of Time claim brought by a contractor on a healthcare scheme. The claim alleged that delays arose from external factors, including power connections, statutory approvals, and utility works, amounting to hundreds of thousands of pounds in additional costs.
A healthcare scheme claim settled at less than a quarter of the original demand, without adjudication.
Where adjudication is needed
Negotiated settlement and adjudication are alternative routes depending on the circumstances.
We assist both in bringing adjudications and in responding to them, ensuring that the issues are properly defined and presented. This includes payment disputes, final account matters, and wider contractual issues.
Discuss your situation
If you are dealing with a payment issue, delay claim, or any form of construction dispute, get in touch for a clear and straightforward view on where you stand.
The earlier you take advice, the stronger your position will be.
or call 01543 732135.
