At the heart of every construction or engineering project is a
contract, or in the case of large projects, a whole network of
contractual relationships. The parties always hope that the
contract can be carried out without problems or disputes and the
best way of achieving this is by obtaining high quality
professional advice from the earliest stage. This is
especially the case where the tendering procedures are crucial,
such as in those public sector and utilities projects subject to
EU procurement rules or where the
relationships between the participants are complex as in
PFI/PPP Projects and where the parties are
engaging in Partnering and Alliancing.
Contractual problems can occur during the carrying out of the
work. It will be vital to resolve them as quickly and
discreetly as possible, to avoid, or at least minimise, any
disruption to progress. It may be that there is uncertainty
as to the meaning or effect of a provision of the contract, which
can be swiftly removed by obtaining the opinion of counsel.
If a dispute has arisen already, it is very likely that
reference to Adjudication will be the course of action
taken to obtain a speedy resolution, binding on the parties for
the time being. Getting the right decision is dependent
upon having access to the right level of professional advice and
representation and an adjudicator in whom the parties have
confidence.
The end of the project will not always bring an end to
contractual disputes, typically over financial matters or quality
issues. The contract will often have provision for
Arbitration and, increasingly, a preliminary Alternative Dispute Resolution stage, although
inevitably some contractual disputes end in Litigation.
As well as being experienced in avoiding and resolving contract
disputes, Members of Keating Chambers include some of the UK’s
leading experts on construction and engineering contracts.
Keating on Construction Contracts (Sweet & Maxwell 8th Edition
2006), is the first port of call in the application of the law to
building and engineering contracts, produced by a team of Chambers'
authors.
This is just the most famous of many publications on contractual
issues produced by Keating Chambers’ experts.
Further Information
For further information on how our members can assist you, please contact the Director of Clerking,
Paul Cooklin or Senior Clerk,
Nick Child in the first instance on +44 20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.