January 29, 2018
January Newsletter From Lavelle Partners
In this months newsletter, we discuss… Data Protection, which is very high on the agenda as it effects both the data your business holds and data businesses hold on you....
Property and Construction Disputes
* Over the past 30+ years, Lavelle Partners have been advising and representing parties to construction disputes across Ireland. Whether you are a client, architect, construction contractor or another individual or company seeking to take action against a construction business, or you are a defendant, our team of construction dispute Solicitors have the expertise and experience to assist you.
Construction law contracts are notoriously complex, and hence when disputes do occur, a legal specialist with a comprehensive understanding of construction contract law is essential to finding a resolution.
We can advise in relation to a range of construction dispute types including:
Depending on the factors of your dispute, our construction law Solicitors will be able to advise on the range of possible routes to a remedy. We may recommend non-legal options, including alternative dispute resolution methods, or formal Court litigation.
When you first discuss your matter with our team, they will seek to determine the best possible route to a resolution. In many cases, but not all, ADR may offer the best approach. ADR methods, such as mediation, adjudication, and arbitration all aim to achieve an amicable outcome to a dispute by using non-legal means. ADR has become increasingly popular in Ireland in recent years due to its considerable benefits; it is typically much cheaper and faster than litigation involving the Courts, and crucially it helps preserve business relationships. ADR dispute resolution relies on an independent and neutral third-party who will either play a role in helping the parties to find their own conclusion (mediation) or make a determination on their behalf (arbitration).
The Construction Contracts Act 2013 specifically includes a reference to ADR, stating “A party to a construction contract has the right to refer for adjudication in accordance with this section any dispute relating to payment arising under the construction contract”. If you have not been paid for your services during a construction project, you can serve a Notice of Adjudication on the contractor in question at any time.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
For further information regarding construction dispute resolution in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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