Most professionals operating in the construction industry will agree that it is challenging to have the necessary construction law expertise available in-house and the small number of specialist Legal Practices specialising in construction law matters puts the availability of expert advice at a premium. MCDR has an impeccable record supporting clients with up to date pre and post-construction law advice to allow them to make correct decisions, protect their income and expenditure and minimise their potential contractual liabilities.
Contract Administration and Contractual Correspondence
Many standard forms of contract in use today place a heavy burden on the parties to comply with procedures outlined in the contract for the issuing of notices and the like, on time. In many cases, failure to comply with these procedures can result in a party foregoing its contractual entitlement for compensation and extension to the completion date. MCDR are specialist at reducing this burden on contracting parties by supervising and administrating these contractual procedures, therefore, allowing construction teams to concentrate on other matters.
Claims Preparation, Appraisal and Defence
MCDR focuses on the needs of Private Sector Clients, Public Sector Clients, Construction Consultants, Main Contractors and Sub-Contractors. MCDR has an impeccable record in providing forensic analysis of the facts, identifying contractual entitlements, and offering contractual and quantum expertise for the preparation, appraisal and defence of all forms of contractual claims such as compensation and delay events, disruption, acceleration and prolongation claims, errors, omissions and claims under the law of tort.
MCDR can assist clients in negotiating and advising on appropriate contract terms, assist in resolving contentious issues and thus avoiding unnecessary disputes. MCDR has an unparalleled record in assisting clients in negotiating interim and final accounts and claims for additional payment and time.
Alternative Dispute Resolution (ADR) can include Mediation, Adjudication, Conciliation, Arbitration and Expert Determination. With over 25 years working in the construction industry and with extensive experience of resolving disputes in ADR as a qualified Adjudicator, MCDR specialise in taking ownership of the dispute resolution process on behalf of clients. MCDR can provide expert briefing to the client’s legal team, translating complex issues, identifying expert witness requirements and briefing experts. Preparing witnesses of fact and drafting and editing pleadings services can also be provided.
It is generally accepted that many disputes occur as a result of one or both parties not fully understanding their rights and obligations under a construction contract. By reviewing and advising on contractual obligations, monitoring key point indicators and then directing site staff on the preparation of relevant site records, MCDR are specialists in resolving potential disputes on behalf of clients thus avoiding the occurrence of unnecessary disputes being referred to ADR. This dispute avoidance process will improve cash flow and maintain and enhance business relationships.
Dispute Avoidance Boards and Project Boards
Many standard forms of construction contracts now place an obligation on the contracting parties to place members on dispute avoidance boards and project boards. The sole purpose of these boards is to avoid disputes occurring and avoid them being referred to ADR. It is generally a requirement that members of these boards are to have knowledge and experience in the construction industry, commercial and technical dispute resolution methods, commercial decision making and commercial negotiation. MCDR is ideally placed to be a persuasive member on these boards for clients that do not have the necessary expertise.
Mediator, Conciliator or Adjudicator appointments in Construction disputes.
With over 25 years working in the construction industry and with extensive experience dealing with construction disputes, MCDR is ideally placed to accept appointments as a Mediator, Conciliator or Adjudicator should the parties feel the need to have their dispute resolved by an independent third party.