ADR/settlement for construction lawyers

ADR/settlement for construction lawyers guidance:

This article appears as originally published in Construction Law on 1 August 2016 and is not maintained. Multi-tiered dispute resolution clauses can save parties time and...

Practice Note

Adjudication 1 Any dispute or difference arising under or in connection with this [agreement OR Contract] may be referred to an adjudicator appointed at the request of...

Precedents

This Practice Note examines the involvement of the Technology and Construction Court (TCC) in alternative dispute resolution (ADR). In addition to hearing cases at trial,...

Practice Note

Alternative Dispute Resolution 1 In the event of an issue or dispute arising under this Agreement which the Parties are unable to resolve within 28 days of the issue or...

Precedents

BACKGROUND: (A) The parties entered into a construction contract dated [insert date] for the [insert description of works/project, eg ‘design and construction of a...

Precedents

Produced in association with 4 Pump Court Parties to a 'construction contract' have the right to refer any dispute that has crystallised to adjudication at any time. For...

Practice Note

[ON YOUR LETTERHEAD] Without prejudice save as to costs [Name and address of other party’s solicitor] Dear [insert contact name] [Insert subject of letter] 1 We refer to...

Precedents

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note provides guidance on when an expert’s determination may be challenged. It also...

Practice Note

This table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR). Type of...

Practice Note

This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination. Litigation Adjudication is...

Practice Note

Litigation General Adjudication is a quick method of settling disputes on a provisional interim basis; it is binding until finally resolved by arbitration, litigation or...

Practice Note

1 The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge assists the Parties...

Precedents

This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant provisions of the CPR....

Practice Note

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation...

Practice Note

This article appears as originally published in Construction Law on 6 June 2016 and is not maintained. Barristers Catherine Piercy and Andy Creer of Hardwicke consider...

Practice Note

Expert determination 1 Any dispute arising out of or in connection with this [Agreement OR Contract OR clause [insert clause number]] (a Dispute) shall be referred to...

Precedents

1 Save in relation to any liability relating to death or personal injury, each party indemnifies, and shall keep indemnified, the other party against all costs and...

Precedents

What kind of disputes arise in construction? The construction industry gives rise to a very wide range of disputes: • disputes over money, eg non-payment of sums believed...

Practice Note

What is mediation? Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR). It is a form of assisted ADR in the sense that there...

Practice Note

[insert name and address of defendant or defendant's legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action]...

Precedents

[insert name and address of claimant or claimant’s legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action]...

Precedents

Part 36 precedents You may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part 36 offer. If so,...

Practice Note

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see...

Practice Note

This Practice Note examines project mediation, looking at what it is, its benefits and when adoption of it is appropriate. The Practice Note also looks at the CEDR Model...

Practice Note

This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert...

Precedents

This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the ‘parties’): Parties 1 [insert...

Precedents

This Practice Note considers the key issues when drafting a settlement agreement, including correct identification of the parties (including third parties as...

Practice Note

This Practice Note identifies the different forms which an offer to settle a dispute may take, from open offer letters and Calderbank (without prejudice save as to costs)...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when dealing with cross border mediations. For guidance,...

Practice Note

1 Terms of settlement The parties agree as follows: 1.1 This Settlement Agreement is in full and final settlement of the Dispute[ and any causes of action whatsoever...

Precedents
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