Construction Disputes
Construction law contracts can be complex and confusing, therefore if a dispute does arise a legal specialist is usually sought out.
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Construction disputes can arise for many reasons including design issues and defects, professional negligence, damages, delays in payment and pay-less notices. The method of resolution depends on the circumstances of your case. There are non-legal options such as conciliation, mediation, arbitration and adjudication or formal Court litigation.
Conciliation: This is a resolution process used to achieve an agreed settlement in construction disputes. It involves negotiation and facilitation and usually ends with the conciliator issuing a recommendation for dispute resolution. This is an effective approach when trying to maintain a positive business relationship is important to both parties. Unless outrightly rejected by one of the parties, the recommendation will become binding.
Mediation: In mediation, a neutral third party, known as the mediator, assists the disputing parties in finding a mutually agreeable solution. The mediator facilitates communication and helps the parties identify common ground.
Arbitration: Arbitration involves submitting the dispute to a neutral third party, the arbitrator, who makes a binding decision. Arbitration can be less formal than a trial, and the rules and procedures can be tailored to the parties' needs.
Adjudication: Adjudication is a form of Alternative Dispute Resolution (ADR) commonly used in construction and related industries. It involves the appointment of an impartial third-party adjudicator who makes quick and provisional decisions on disputes that arise during construction projects.
The Statute of Limitations Act 1957 governs the time limits for construction contract claims. A signed by hand contract allows for six years for the parties to bring the claim from the date of breach of contract, or the negligent act or omission occurred, also known as the date of accrual. If the contract is a deed, the parties have 12 years from the date of accrual of the action. If the parties decide to bring a claim in tort, they have 6 years from the date of incidence.
At P.A. Duffy, we specialise in supporting and advising clients through difficult legal disputes in Ireland and in cross-border cases. Our expert team ensures the highest quality service to decide upon the appropriate remedy based on your case. We pride ourselves on providing excellent client care and utilising our experience to provide expert legal advice.
If you have been affected and wish to speak to a member of our team, please get in touch via the following channels
Call us on 01 533 7860
Email us enquiries@paduffy.ie
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