Nexus Consult’s Post

Need an expert in commercial negotiation to resolve your construction dispute? Our team has extensive experience in negotiating the settlement of construction disputes, ranging from small sums on residential projects through to complex claims and final accounts on multi-million-pound commercial projects 🤝🏼 📞 Want to find out how negotiation could help your dispute? Get in touch today > 01733 233737 #ConstructionUK #ConstructionLaw #ConstructionAdjudication

The world of commercial construction is full of moving parts (figuratively and literally!). In large projects, multiple stakeholders collaborate to bring complex projects to fruition, and the potential for disputes loom. From differing interpretations of contract terms to unexpected project challenges, disputes can significantly impact timelines, budgets, and overall project success. #DisputeResolution #CommercialConstruction https://lnkd.in/gW_gRUPD

With the rise of arbitrations in construction disputes, understanding its complexities is the key to effective dispute resolution. Our latest presentation explores landmark judgments and procedural clarifications that shape arbitration in the construction sector. Stay ahead of the curve in resolving construction conflicts. . . #ConstructionArbitration #LegalInsights #DisputeResolution #ArbitrationLaw #ConstructionLaw

Tired of getting caught in the web of construction disputes? Clark Wilson's Infrastructure, Construction & Procurement lawyers have carefully analyzed several key cases from 2023-2024 and will present a retrospective to help construction professionals navigate this risk-prone industry. Topics covered include:  > Builders' Lien Act: Stay on top of procedural requirements, and wrongful filing damages.  > Construction Defects: Understand the liability of developers.  > BC Arbitration Act: Explore the new scope of this vital dispute resolution tool.  > Bonds: Learn about the consequences of misrepresentation and how to protect your interests. Join Satinder Sidhu and Scott Lamb for a deep dive into the latest legal developments that could impact your projects. Learn more about this complimentary webinar and register here: https://bit.ly/3Udamyw

Contracts can be simple but rarely are In a litigious world business owners must unfortunately be more than mindful of what they are signing up to when taking on sizeable contracts as the repercussions can literally put a business out of business. I see and hear of stories on a weekly basis in the construction industry between subcontractors and tier 1's that have ended in an expensive gridlock situation that never ends without one party or the other significantly out of pocket. It normally begins as a 'variation' from the initial contract that both parties have signed up to, then escalates into a full blown dispute over what was or was not included 'in' the price, or just as often the time frame that each party agreed to achieve. What generally happens is the main contractor changes something during the project and decides that the variation was covered in the tender / contract, or when a project is running significantly behind, whose fault this actually is. Most of these situations can be avoided simply by making sure that the subcontractor is not signing up to a horribly onerous contract in the first place, which is where having an expert to run a pre-contract appraisal is crucial to catching elements that are going to inevitably bite them in the backside later down the road. I mention this because despite most contractors being in their business for many years, they some how always think they can catch these things on their own; I can't tell you how many times Mark Winterburn has told me of a case where the contract has either put a business out of business or it's cost that business thousands and even hundreds of thousands in losses. I've also seen Mark rescue scores of companies who got themselves into a contractual nightmare which is why I invested in MWCS a few years ago to help businesses in the construction industry to head these issues off at the pass and unravel disputes that most simply don't have the expertise to do. If you've got a construction business that focuses on medium to large scale projects, I highly recommend that you bring Mark Winterburn and his team on as your outsourced forensic contract advisor, he just might save you a fortune in the long run... https://lnkd.in/efVr59K9

Facing construction contract disputes?🏗️👷♀️ Construction projects can be complex, and contract disputes can sometimes arise, causing delays and frustrations. We specialize in navigating these challenges to ensure your project stays on track. Don’t let contract disputes derail your construction plans. Learn more about how we can assist you in resolving these issues efficiently: https://bit.ly/3ryGtrb #constructionlaw #contractdisputes #legalsolutions #lawfirm #iowa

Success starts with the right advice. Always speak to an expert. Legal expert Construction and Engineering Law. High performing Construction Barrister Charles Edwards MSt(Cantab) MSc(Lond) MRICS FCInstCES Barrister at Gray's Inn Construction Chambers and New Temple Chambers, Barristers. Early start this morning advising on a Contractor’s entitlements to payment (cash is king), construction claims, valuations, variations, extensions of time and damages. Robust representation in Construction and Engineering disputes when it matters most (JCT Contracts dispute/NEC Contracts dispute/FIDIC Contracts dispute). Protect your entitlements. Contact me directly to find out how we can assist you or your organisation with any construction dispute or for a second opinion. https://lnkd.in/eWzTYSzv https://lnkd.in/ee8Jc5bq #constructionlaw #excellence #constructiondispute #valuation #constructionclaims #contractors #commericiadirectors #subcontractors #payment #cashisking #compensationevents #variations #eot #delays #jct2016 #jct2024 #nec4 #nec3 #fidic2017 #infrastructure #civilengineering #construction #commercialdirectors #claimsconsultants #commercialmanagers #projectmanagers #quantitysurveyors #representationmatters

How to claim loss of profit in the Construction industry Claiming lost profits in the construction industry can be complex, but here are some key steps to guide you through the process: 1. Understand the Contract Terms Review the Contract: Check the contract for any clauses related to loss and profit claims. Many standard construction contracts include provisions for claiming losses due to delays or disruptions. Identify Exclusion Clauses: Be aware of any exclusion clauses that might limit your ability to claim lost profits 2. Document the Breach Record Delays and Disruptions: Keep detailed records of any delays or disruptions caused by the other party. This includes dates, times, and the nature of the disruption. Gather Evidence: Collect evidence that shows how the breach directly caused the lost profits. This can include emails, reports, and witness statements. 3. Calculate the Loss Direct and Indirect Costs: Calculate both direct costs (ex, materials, labor) and indirect costs (ex, overheads, administrative expenses) associated with the breach. Use Accepted Methods: Employ methods like the “But for” method, which calculates profits that would have been earned but for the breach, or the “Comparison of before and after” method. 4. Mitigate Losses Take Reasonable Steps: Demonstrate that you have taken reasonable steps to mitigate your losses. This might include finding alternative projects or adjusting schedules. 5. Submit the Claim Follow Contract Procedures: Adhere to the claims procedure outlined in the contract. This often involves submitting a formal notice of claim and providing supporting documentation. Seek Legal Advice: Consider consulting with a legal professional who specializes in construction law to ensure your claim is well-prepared and substantiated. 6. Prepare for Dispute Resolution Arbitration or Litigation: Be prepared for the possibility of arbitration or litigation if the claim is disputed. Ensure all your documentation and evidence are organized and ready for presentation. By following these steps, you can increase your chances of successfully claiming lost profits in a construction dispute. If you need more specific advice, consulting with a legal expert in construction law is always a good idea. #claims #constructiondispute #lostofprofit #arbitration #earnedvaluemethod #projectmanagment #qs #quantitysurveyor #engineer #middleast #qsjob #disputeresolutionboard #contracts #RICS #CIOB #IQSSL #AIQS #IESL #administration #lawofcontract #dispute

🚨 Navigating Non-Payment Disputes in Construction 🚨 Chris Barber and Samuel Bawden tackle the complex world of construction contracts and disputes. Samuel shares a real-life scenario that sheds light on the intricacies of contract terms and their implications. 🛠️ During a non-payment dispute, Sam discovered that the contract's schedule of amendments was intended for a different contract entirely. Both parties had signed this flawed document, binding themselves to inconsistent and confusing terms. 🔍 This case highlights the critical importance of ensuring your contracts are accurately and coherently drafted. Clear and precise contract terms can prevent costly disputes and legal headaches. Always double-check that amendments are relevant to the specific contract to avoid such pitfalls! 🔗 Missed the webinar? You can still watch it in full here! https://lnkd.in/eXnPTY7R #ConstructionWebinar #ConstructionLaw #ContractManagement #LegalCompliance #C_Link

We have experience with all forms of commercial dispute resolution, including construction disputes. Construction projects often involve technical complexity, unforeseen issues, and multiple parties. Despite meticulous planning, disputes can commonly arise, potentially leading to potentially significant consequences if not addressed properly. Our lawyers understand the commercial and technical aspects of construction contracts so they can get to grips with your project and quickly understand the true dynamics of the dispute and help devise the most effective resolution strategy. Find out more about construction disputes here: https://bit.ly/3qv7G3j #ConstructionDisputes #Litigation #LegalAdvice #Construction