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Contract documents and correspondence under review before a dispute is escalated

Before you commit

Initial dispute review

Most construction disputes are escalated before anybody has established whether there is a case. A short review tells you what the contract gives you, what the records support, and what it would cost to be wrong.

What you get

What we hand over to you

  1. 01

    A position, not an opinion: whether the contract supports the claim, said in terms you can act on, with the clauses that carry the position.

  2. 02

    The evidence you do not have: what is missing from the records, named while there is still time to find it or to stop the claim going further.

  3. 03

    The commercial exposure: what the dispute is likely to absorb in cost and management time, set against what is realistically at stake.

  4. 04

    A recommended next step: one route with the reasoning behind it, which is sometimes that there is no position here worth pursuing.

The problem

Disputes escalate before anybody checks

The decision to fight is usually taken on frustration rather than on entitlement. By the time somebody tests the contract, costs have been committed and both sides have put their position in writing.

A dispute that has been running for months carries its own momentum. Letters have been sent, positions have been stated, and both sides have told their own people that they are right. None of that establishes whether the contract supports the claim.

The questions that decide the outcome are narrow. Which clause applies. Whether the notice was served and when. What the records actually show. Those questions can be answered in days, and they are cheaper to answer before the correspondence becomes the evidence.

This is also the point at which a claim can be stopped. Finding out that the entitlement is not there is an uncomfortable answer, but it costs a fraction of finding out later, and it is part of what the review is for.

What the review covers

One dispute, assessed before you commit

A defined piece of work with a written deliverable and a clear scope. Fees are agreed individually based on the nature, complexity and scope of the matter.

01

Contract provisions

The clauses that govern the issue, the contract particulars and any amendments, read as written rather than as remembered.

02

Key correspondence

The letters, instructions and notices that carry the position, read in the order they were sent rather than the order they are quoted.

03

The disputed issues

What is actually in dispute, separated from what has simply become unpleasant, and reduced to a list that can be answered.

04

Entitlement indicators

Whether the contract gives a route to additional payment or time for what happened, and how strong that route looks on the papers.

05

Evidence gaps

What the records do not show, named plainly, with a view on whether the gap can still be closed or whether it is fatal.

06

Commercial risk

What the dispute is likely to absorb in cost and in management time, weighed against what recovery would realistically look like.

The cheapest dispute is the one you decide not to run.

What this review is for

An initial review is deliberately narrow. It does not prepare a claim, assemble a bundle or value anything in detail. It answers one question: is there a position here worth taking further, and on what basis.

If the answer is yes, the work that follows is one of the defined services in this category, and the review feeds straight into it. If the answer is no, you have the reasoning in writing before the costs start.

All claims and dispute services

Questions

Initial reviews, answered directly

How long does an initial review take?

It depends on the volume of correspondence, but the work is measured in days rather than weeks. The scope is agreed in advance so that it does not expand while it runs, and you are told early if the papers are larger than described.

Will you tell me if I do not have a claim?

Yes. That is one of the outcomes this review exists to produce. It is written down with the reasoning behind it rather than delivered as a view over the phone, so you can put it in front of whoever needs to see it.

Do you act for contractors or for clients?

Both, but never on the same project. The capacity we act in is confirmed before an instruction begins and it does not change part way through, which is the only way the position we give you stays worth anything to you.

What happens after the review?

If there is a position worth taking, the next step is usually one of the defined services in this category, and the review already contains most of what that work needs, so nothing is assembled twice.