Dispute Resolution Services

 

Most projects start with all of the best intentions. Occasionally, however, things will not work out as anticipated. Projects overrun, changes delay the works and payments are not made. Often relationships deteriorate. More often than not the sooner these problems are discussed and resolved the better it is for all parties. Dispute prevention is by far the best option. If called in early enough Bennington Green can assist their clients in avoiding disputes and in reaching an amicable settlement. If this proves difficult we can assist in the management of the process and in the formal recovery of extensions of time and monies due. We will help present your case in an understandable format and assist in its negotiation.

 

Dispute prevention is by far the best option. If called in early enough Bennington Green can assist their clients in avoiding disputes and in reaching an amicable settlement. If this proves difficult we can assist in the management of the process and in the formal recovery of extensions of time and monies due. We will help present your case in an understandable format and assist in its negotiation.

 

We will help present your case in an understandable format and assist in its negotiation. If that fails we are well-placed to manage formal disputes whether that be an adjudication, arbitration, litigation or one of the other alternative forms of dispute resolution.

ryan

Ryan Greening BSc(Hons), MSc, FRICS, MCIArb, ICIOB

Ryan is a Chartered Quantity Surveyor being a Fellow of the Royal Institution of Chartered Surveyors, a Member of the Chartered Institute of Arbitrators and he is also an Incorporate member of the Chartered Institute of Building. Ryan has a Masters Degree in Construction Law and Dispute Resolution and has a particular interest in delay analysis and commercial recovery.

Ryan began his career as a sponsored student with Alfred McAlpine Civil Engineering combining full time education with placements during the academic breaks and the ‘sandwich’ year of his course. Ryan subsequently spent eight years working for Main Contractors undertaking various Civil Engineering and Building contracts before founding his own consultancy practice in 2006 providing commercial and contractual services to contractors, subcontractors and employers.
Ryan joined Bennington Green in 2010 to amalgamate his commercial and legal orientation to provide support to the project management, building surveying and commercial divisions and to promote and deliver the commercial and dispute resolution services. Whilst at Bennington Green Ryan has undertaken various senior level assignments where he has proven invaluable to his clients leading the procurement, commercial and contractual processes of projects including pre and post construction activities.

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Claims Preparation and Defence

Bennington Green’s knowledge of dispute resolution remedies means that we are uniquely placed to ensure the maximum and timely recovery of our clients entitlement in claims/dispute situations.

We represent our clients from claims identification through to agreement.  We are experts in the field of extension of time, prolongation, disruption and inefficiencies claim presentation along with quantum and time reviews of interim and final accounts.  We are familiar with all of the major construction contract suites and have extensive experience dealing with bespoke contracts.

If you are unsure if you have claim or how to present it, have not been paid what you consider reasonable or have received a claim from a contractor/subcontractor please call us.  We will respond quickly and give you a full review of your position with viable alternatives.

Our services include:

  • Forensic review
  • Opportunity identification
  • Contract interpretation
  • Preparation of case with all supporting documentation
  • Advice on the merits of the case
Expert Evidence and Opinion

Bennington Green employ individuals who have extensive practical experience acting as Expert Witness’ in adjudication, arbitration and litigation.

Bennington Green have leading experts in the fields of quantum, time, professional negligence and technical matters whom have experience acting as lead experts and shadow experts and as either expert or joint expert.  All of our experts are proven, provide clear and concise guidance, write coherent persuasive reports and many have cross examination experience.

Our experts understand the different dispute resolution processes and hence understand their respective duty.  We are therefore able to provide appropriate expertise, appropriately delivered to suit the matter at hand.  We also understand the relevant time restraints that can be placed upon the delivery of expert evidence (particularly adjudication) and are experienced to be able to deal with this.

As an RICS regulated firm all of our experts comply with the current RICS guidance on Surveyors Acting as Expert Witnesses.

If you require any expert evidence we would be pleased to discuss your requirements and prepare relevant CV’s for your perusal.

Forensic Examination and Delay Analysis

Programming issues lie at the heart of almost all disputes and are often perceived as the ‘black art’ of delay analysis.  We offer a sense checked forensic review which provides coherent, viable and understandable analysis of a project schedule.

Almost inevitably construction projects now rely upon complex computer generated critical path networks generated often by programming logic necessitated by a short time-frame of production and various limits on the available construction duration (i.e. imposed completion dates).  These complex schedules often bear, at best, a fleeting resemblance to the actual works progress, are inaccurately progressed (if at all), and have not been re-scheduled to make use of available knowledge.  However, it is common to see claims based entirely upon a delay event, or events, with the limit of analysis being simply that the computer said # weeks delay – this is clearly flawed.

We pride ourselves of being capable of understanding the construction process, analysing what actually occurred, reviewing the delaying event(s) in consideration of actual progress, and importantly reasonably considering the outcome and not relying solely on the computer programme.  In particular we are skilled at taking the often vast quantity of data necessary to make these representations and delivering a concise, understandable and coherent analysis.

We are experienced and skilled in the most common software analysis packages such as Primavera P6, Asta Power Project, and Microsoft Project.

Negotiation, Mediation and ADR

Despite the alternative methods of dispute resolution available our favoured method of resolving a dispute is an amicable settlement.  It’s often the cheapest, quickest and most sensitive to help preserve existing relationships.

It is imperative for successful negotiation that a clear and concise understanding of the relative merits of each of the party’s cases are established early on in the process.  We are experienced in identifying strengths and weaknesses in party’s positions and preparing strategies to successfully enhance our client’s position and destabilise any defence.

Mediation involves facilitating agreement (where possible) between the party’s of their own accord (i.e. conciliatory) rather than by the judgemental methods otherwise employed to decide a dispute.  It generally takes place in a neutral environment where the party’s have private meetings and joint meetings with the mediator where he/she attempts to promote agreement using experience and skill to bring the party’s together.

We can provide training to your team in negotiation and mediation preparation, techniques and presentation.  We would be pleased to devise a course to meet your specific requirements.

If you are stuck in a difficult position why not give us a call.  It is often better to have a fresh pair of eyes look over the details and this may well help with your negotiations/mediation.

Our services include:

  • Advising on strategy
  • Fronting up the resolution teams
  • Preparation for the negotiations/mediation
  • Training in the art of negotiation/mediation
  • Acting as party advocate
  • Acting as mediator
  • Providing independent expert evidence
Adjudication

Adjudication has been a statutory right in England and Wales since the introduction of the Housing Grants Act in 1996.

Adjudication, either statutory or contractual, is usually undertaken within extremely stringent timescales (28 days under the scheme for the entire process) and hence it’s imperative that professional advice and representation is sought immediately if you are served a notice or early in the process if you are contemplating starting the process to resolve a dispute.

We have qualified adjudicators and experienced professionals who can guide our clients through the adjudication process.  We have considerable experience acting as Party Representative and party expert on some of the largest and most complex adjudications to the smallest domestic disputes.  Please call us for free initial advice.

Our services include:

  • Sitting as Adjudicator
  • Advising parties on the process and how best to progress their case
  • Assisting parties in the drafting of the notice and referral or the defence to an adjudication
  • Liaising with the parties legal teams to ensure that they are fully prepared for the adjudication
  • Responding to the requests of the adjudicator
  • Assisting post adjudication on the enforcement of decisions or other options
  • Providing independent expert evidence
Arbitration

Arbitration is the common form of final dispute resolution internationally and is still a widely used form of final determination in UK construction contracts.

We employ qualified arbitrators and experienced professionals to guide a party through the whole arbitration process.  Arbitration is a judgemental process where an experienced arbitrator is appointed (usually for their specialist knowledge in the technical field of the dispute) to finally determine a dispute, which is not subject to judicial review.

It is vital, that if you have a dispute that may end up in arbitration, you seek professional advice and representation as quickly as possible.  Please call us for an initial free consultation.

Our services include:

  • Sitting as an Arbitrator
  • Advising the parties on the process and actions to be taken
  • Assessment/Expert evidence of quantum, delay or technical surveying matters
  • Acting as the interface with the legal team
  • Discovery and inspection of documents
  • Preparations of schedules including Scott Schedules

benningtongreen

Bournemouth

The Pagoda,
30 Avenue Road,
Bournemouth,
Dorset,
BH2 5SL
+44 (0) 1202 766584

Bahamas

Sandyport,
Nassau,
Bahamas

London

First Floor,
2 St Andrews Hill,
London,
EC4V 5BY
+44 (0) 207 183 8520

Southampton

81 London Road,
Southampton,
SO15 2AA