Dispute Resolution

Yew Tree Plains is fully conversant with how situations can develop during the course of a testing project. They often start with early teamwork optimism between the parties that was apparent at the initial launch meeting and workshops, but can deteriorate into strained working relationships as the delivery pressure grows. This is usually preceded by matters pertaining to perceived quality issues, time delays, requests for extensions of time, debates over variations, applications for loss and expense claims and the issuing of pay less notices which begin to permeate the landscape. Parties inevitably dust down their contracts and revert to adversarial standoff positions.

Whether you are an Employer, Main Contractor or Sub-Contractor, if you find yourself facing such an outlook, please contact Yew Tree Plains who will review your entitlement and provide alternative strategies for resolution, advising the pros and cons of following each strategy, and the commercial risks associated with them.

Early intervention providing realistic assessments is the first step in our commitment to seek out a managed resolution for you. Preserving relationships through structured negotiation and formal dispute avoidance will remain the primary goal. An initial letter from Yew Tree Plains setting out your position or an early face to face meeting with the other party can often prove highly beneficial in these challenging circumstances.

However, in some cases formal dispute resolution may be unavoidable.

Overriding Objective – Civil Procedure Rules were amended in 2024 to promote the mandatory use of Alternative Dispute Resolution (ADR) to resolve disputes prior to litigation.

Adjudication is the most common form of ADR resolution evident in the UK construction industry today. It is a swift process that requires a concentrated effort but can be very disruptive to the day to day running of your business within its optimum 28 day timescale. Should you receive a Notice of Adjudication or are considering commencing an adjudication to resolve an existing dispute, contact Yew Tree Plains for immediate advice. We can assess your position and provide comprehensive party representation for you throughout the process.

Mediation is an alternative ADR that should always be considered. It has proven to be highly successful and is recognised as being significantly quicker and more cost-effective than litigation. John Grady is an accredited RICS Evaluative Mediator and can guide you through this alternative to adjudication.