Dispute Management
We provide management of construction claims and disputes to avoid and settle conflicts.
400+
Claims Successfully Handled
28+ Years
Experience in Construction
Chartered Quantity Surveyors Regulated by the RICS
Dispute Management
We manage the avoidance or resolution of disputes through:
Contract Reviews and Risk Registers.
Professional quantum and evaluation of claims.
Negotiated Settlement Agreements.
Adjudication.
We Manage Your Construction Dispute
01
Contract Risk Registers
It is important that contract terms reflect your understanding of the agreement you are about to enter into, and are within your parameters for risk.
We review the clauses of your contract to identify risks relating to possible claims and disputes, and provide a risk assessment in accordance with the RICS approved method for calculating risk. We then provide mitigation actions for the identified risks and provide a revised risk assessment to reflect the mitigation action.
Risk Registers can be carried out at anytime but they are most effective at procurement stage before the contract is agreed so changes to the terms can be implemented as mitigation actions.
02
Negotiated Settlement Agreements
A settlement by agreement is usually the most cost effective way of resolving disputes but to be in a strong position to negotiate a party must acquire leverage by properly establishing contractual entitlement. We can provide professional judgement on the contractual position in respect of entitlement and quantum on a particular matter in dispute. In this way we advise on the merits of a claim to help you decide how to respond in any negotiation.
Once an agreement is reached we can help ensure the agreement is properly reflected in a written settlement agreement.
If a settlement by agreement is not possible then we can seek a legally enforceable decision from an Adjudicator through our Adjudication Services.
"I have instructed Mark Holden-Smith as an expert in quantum and delay on a number of occasions in adjudications. I find him to be thorough and methodical but never slow. His reports have always been concise and persuasive, and I recommend him."
-Andrew Rimmer, Solicitor - Construction and Engineering Partner.
Mark Holden-Smith
FCIArb MRICS MCIOB FICCP DipAdj DipHE(Law)
Managing Director
Construction Claims Specialist
Chartered Quantity Surveyor
Chartered Construction Manager (Disputes)
Registered Adjudicator
Mark Holden-Smith is a Chartered Quantity Surveyor and Chartered Construction Manager specialising in construction claims and dispute management, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Institute of Construction Claims Practitioners, and a registered Adjudicator with the RICS and CIArb with over 28 years experience in construction. Mark is well-placed to help parties to construction contracts in the quantification and management of construction claims and disputes.
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