How do I resolve a Building Dispute?
Kerseys’ disputes department also has a growing reputation for finding cost-effective, practical solutions in disputes over building work, whether acting for the building owner or the builder.
We are well aware that in this area particularly, clients are deterred from instructing lawyers due to fear of costs escalating out of proportion to the amount at stake. But when the amount at stake is ‘only a few thousand’ this is still money that the client should have and there can also be a principle at stake too.
We assist in the following ways:
- By giving a low cost but robust initial assessment of the merits and options.
- By being willing to pick up the telephone and take on settlement discussions ‘without prejudice’, whilst indicating clearly to the other side the strength of our client’s case in court should those discussions be ineffective.
- By working closely with surveyors who take a similar ‘hands-on stance’, but who are not afraid to have their conclusions tested in court if necessary. In particular we work closely with James Aldridge surveyors and in appropriate cases will recommend that they should run the case in the early stages if this is the most cost effective solution for our client.
- By using experienced mediators where appropriate.
- By assisting clients to conduct their own litigation where possible to keep the costs down. For example, in some small claims we can draft the court papers (‘pleadings’) and advise on court process and tactics, without going on the court record if the client does not require us to.
- By getting on with court proceedings in as cost effective way as possible where there is no alternative.
We can recommend mediators if we are representing you.