Construction litigation - Revision history

Editor at 15:53, 16 August 2021

2021-08-16T15:53:07Z

← Older revision		Revision as of 15:53, 16 August 2021
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	* Civil procedure rules.		* Civil procedure rules.
	* Collateral warranty.		* Collateral warranty.
		+	* Compulsory Alternative Dispute Resolution.
	* Construction contract.		* Construction contract.
	* Contract claims.		* Contract claims.

Designing Buildings at 11:50, 15 September 2020

2020-09-15T11:50:02Z

← Older revision		Revision as of 11:50, 15 September 2020
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	See Technology and Construction Court for more information.		See Technology and Construction Court for more information.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Alternative dispute resolution.		* Alternative dispute resolution.
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	* Contracts under seal v under hand.		* Contracts under seal v under hand.

−	=== External references ===	+	= External references =

	* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]		* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]
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	* nbs: National Construction Contracts and Law Survey.		* nbs: National Construction Contracts and Law Survey.

−	[[Category:~~Case_law~~]] [[Category:~~DCN_Case_Law~~]] [[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]

Editor at 19:11, 6 November 2019

2019-11-06T19:11:48Z

← Older revision		Revision as of 19:11, 6 November 2019
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	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
	* How does arbitration work?		* How does arbitration work?
		+	* Injunction.
	* Insurance.		* Insurance.
	* Joinder.		* Joinder.
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	* nbs: National Construction Contracts and Law Survey.		* nbs: National Construction Contracts and Law Survey.

−	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]	+	[[Category:Case_law]] [[Category:DCN_Case_Law]] [[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Property_law]]

Editor at 17:09, 3 November 2017

2017-11-03T17:09:06Z

← Older revision		Revision as of 17:09, 3 November 2017
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	= Alternative dispute resolution =		= Alternative dispute resolution =

−	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration, or a combination of all three. The construction industry is also subject to statutory schemes which impose adjudication procedures in the absence of contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009). Many contracts for large and complex projects now have additional tiered dispute resolution procedures with obligations to negotiate in good faith and to establish dispute resolution boards, steering committees and partnering meetings.	+	Construction contracts usually provide for disputes to be dealt with by agreed dispute resolution procedures involving mediation, adjudication and arbitration, or a combination of all three. The construction industry is also subject to statutory schemes which impose adjudication procedures in the absence of contractual agreement (such as the Housing Grants, Construction and Regeneration Act 1996 and the Local Democracy, Economic Development and Construction Act 2009).
		+
		+	Many contracts for large and complex projects now have additional tiered dispute resolution procedures with obligations to negotiate in good faith and to establish dispute resolution boards, steering committees and partnering meetings.

	If the contract sets out procedures for dispute resolution, then the parties must follow those procedure unless they agree otherwise.		If the contract sets out procedures for dispute resolution, then the parties must follow those procedure unless they agree otherwise.
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	Even where litigation proceedings are commenced, it is common for the parties to reach a settlement before trial begins. Indeed the parties may be penalised by the court if they have failed to properly enter into discussions before bringing proceedings. However, where positions have become entrenched or the parties positions are too far apart, a case may proceed to court.		Even where litigation proceedings are commenced, it is common for the parties to reach a settlement before trial begins. Indeed the parties may be penalised by the court if they have failed to properly enter into discussions before bringing proceedings. However, where positions have become entrenched or the parties positions are too far apart, a case may proceed to court.

−	Depending on the nature and complexity of the case, litigation is generally considered to be more expensive and slower than other forms of dispute resolution, although this is not always the case, and in some situations litigation can be faster than arbitration. There is also a perception that litigation is more confrontational and more likely to result in an extreme decision, ie you are right or wrong, rather than an equitable settlement. This may or may not be in any of the parties interests. In addition, decisions are public and may reflect badly on the reputations of the parties.	+	Depending on the nature and complexity of the case, litigation is generally considered to be more expensive and slower than other forms of dispute resolution, although this is not always the case, and in some situations litigation can be faster than arbitration. There is also a perception that litigation is more confrontational and more likely to result in an extreme decision, i.e. you are right or wrong, rather than an equitable settlement. This may or may not be in any of the parties interests. In addition, decisions are public and may reflect badly on the reputations of the parties.

	= Process =		= Process =
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	The court will then allocate the case to a 'track' (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).		The court will then allocate the case to a 'track' (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).

−	A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses. They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.	+	A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses.
		+
		+	They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.

	Judgements are enforceable, but can be appealed if the court gives permission.		Judgements are enforceable, but can be appealed if the court gives permission.
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	* Defects.		* Defects.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
		+	* How does arbitration work?
	* Insurance.		* Insurance.
	* Joinder.		* Joinder.

Designing Buildings at 09:54, 11 January 2017

2017-01-11T09:54:17Z

← Older revision		Revision as of 09:54, 11 January 2017
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	* Civil procedure rules.		* Civil procedure rules.
	* Collateral warranty.		* Collateral warranty.
−	* ~~Contract~~.	+	* Construction contract.
	* Contract claims.		* Contract claims.
	* Decennial liability.		* Decennial liability.

Editor at 13:55, 14 September 2016

2016-09-14T13:55:14Z

← Older revision		Revision as of 13:55, 14 September 2016
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	* Arbitration.		* Arbitration.
	* Breach of contract.		* Breach of contract.
		+	* Civil procedure rules.
	* Collateral warranty.		* Collateral warranty.
	* Contract.		* Contract.

Designing Buildings at 12:40, 12 July 2016

2016-07-12T12:40:53Z

Editor at 17:12, 25 January 2016

2016-01-25T17:12:21Z

← Older revision		Revision as of 17:12, 25 January 2016
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	* Limitation of action.		* Limitation of action.
	* Mediation.		* Mediation.
		+	* Record keeping.
	* See Najma Dunnett articles for law reports on Designing Buildings Wiki.		* See Najma Dunnett articles for law reports on Designing Buildings Wiki.
	* Professional indemnity insurance.		* Professional indemnity insurance.

Editor at 16:23, 22 January 2016

2016-01-22T16:23:02Z

← Older revision		Revision as of 16:23, 22 January 2016
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	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.
	* Insurance.		* Insurance.
		+	* Joinder.
	* Latent defects.		* Latent defects.
	* Limitation of action.		* Limitation of action.

Editor at 10:41, 18 January 2016

2016-01-18T10:41:45Z

← Older revision		Revision as of 10:41, 18 January 2016
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	* Contract.		* Contract.
	* Contract claims.		* Contract claims.
		+	* Decennial liability.
	* Defects.		* Defects.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.

← Older revision		Revision as of 12:40, 12 July 2016
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	= Introduction =		= Introduction =

−	Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one ~~party’s~~ rights or obligations.	+	Litigation is the process of engaging in or contesting legal action in court as a means of resolving a dispute. The court is able to enforce or determine one party's rights or obligations.

	Litigation is not uncommon in the construction industry because of its adversarial nature and the tendency for disputes to arise. A combination of environmental and behavioural factors can lead to construction disputes. Projects are usually long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. The basic factors that drive the development of construction disputes are uncertainty, contractual problems, and behaviour.		Litigation is not uncommon in the construction industry because of its adversarial nature and the tendency for disputes to arise. A combination of environmental and behavioural factors can lead to construction disputes. Projects are usually long-term transactions with high uncertainty and complexity, and it is impossible to resolve every detail and foresee every contingency at the outset. The basic factors that drive the development of construction disputes are uncertainty, contractual problems, and behaviour.

−	In 2013, an NBS survey, the ~~[http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf~~ National Construction Contracts and Law Survey], found that 30% of firms had been involved in at least one dispute in the previous 12 months.	+	In 2013, an NBS survey, the National Construction Contracts and Law Survey, found that 30% of firms had been involved in at least one dispute in the previous 12 months.

	See Construction disputes for more information.		See Construction disputes for more information.
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	Proceedings are started by the claimant sending a claim form to the appropriate court setting out the case against the defendant and the remedy that is being sought. This claim is served on the defendant, and they may then admit liability, or part liability, and offer proposals for settlement, or may deny liability and serve a defence.		Proceedings are started by the claimant sending a claim form to the appropriate court setting out the case against the defendant and the remedy that is being sought. This claim is served on the defendant, and they may then admit liability, or part liability, and offer proposals for settlement, or may deny liability and serve a defence.

−	The court will then allocate the case to a ~~‘track’~~ (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).	+	The court will then allocate the case to a 'track' (small claims track, fast track or multi track) depending on its size and complexity and will lay down a series of directions for the parties to comply with (such as the disclosure of evidence to the other party).

	A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses. They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.		A trial will then be held so that the judge can listen to evidence presented by both parties, and they will then decide whether the claimant has proved their case. A variety of remedies are available to the court, but most commonly the remedy will be payment by the defendant of damages to compensate the claimant for their losses. They may also order the defendant to carry out some action, or issue an injunction to prevent the defendant from carrying out some action. In fast track and multi track cases the losing party is also likely to be required to make a contribution to the winning parties costs.
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	* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]		* TCC judgments which may be of interest to practitioners are accessible on the Bailii website at [http://www.bailii.org/ew/cases/EWHC/TCC/ www.bailii.org/ew/cases/EWHC/TCC/]
	* [http://www.justice.gov.uk/downloads/courts/tech-court/tech-con-court-guide.pdf The Technology and Construction Court Guide]. October 2010.		* [http://www.justice.gov.uk/downloads/courts/tech-court/tech-con-court-guide.pdf The Technology and Construction Court Guide]. October 2010.
−	* nbs: ~~[http://www.thenbs.com/pdfs/NBS-NationlC&LReport2013-single.pdf~~ National Construction Contracts and Law Survey].	+	* nbs: National Construction Contracts and Law Survey.

	[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]		[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Property_law]]