Commercial Litigation
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. For more information see: Litigation.
When constructing or managing a commercial building, there are, unfortunately, plenty of opportunities for issues and disagreements to arise.
As a developer, contractor or subcontractor when a dispute does arise, you need to ensure that you have the relevant resources to combat it. Especially as such disputes can be extremely costly and time-consuming. It in both the personal and company interest to resolve issues wherever and whenever possible, in a speedy manner. A successful litigation outcome is desired, but ultimately resolving the issue as fast as possible for work to continue uninterrupted is the best possible solution. This may require the help of dispute resolution solicitors in order to come to a successful conclusion.
The issues that are prevalent in these situations include:
- Disagreements or anger on either side.
- Contract breaches.
- Shareholder disputes.
- Regulation violations.
- Bankruptcy or insolvency.
- Construction, engineering or other property issues.
When these issues arise there may be little to be done other than proceeding to legal action.
However, preferably, issues can be settled outside of the court environment using alternative dispute resolution techniques such as mediation, adjudication, arbitration or a combination of all three.
For more information see: Alternative dispute resolution.
--Pannone 10:13, 24 Sep 2018 (BST)
[edit] Related articles on Designing Buildings Wiki
- Adjudication.
- Adversarial behaviour in the UK construction industry.
- Alternative dispute resolution.
- Arbitration.
- Causes of construction disputes.
- Conciliation.
- Conflict avoidance.
- Contract claims.
- Dispute resolution.
- Dispute resolution boards.
- Expert determination.
- Expert evaluation.
- Expert witness.
- Third party opinion and fixed-fee mediation procedures.
- Litigation.
- Pay now argue later.
- Pendulum arbitration.
- Mediation.
- Med-adjudication.
- Med-arbitration.
- Negotiation techniques.
- The role of the mediator.
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