Thomas Sands can offer expertise in representing parties in:-
Thomas Sands can also assist Parties with Alternative methods of dispute resolution such as expert determination and mediation.
Since the Housing Grants Construction and Regeneration Act 1996 became law in England and Wales in 1998, Thomas Sands has been amongst those professionals at the forefront of construction adjudication offering training, advice, clause drafting and representation in adjudication proceedings.
We have represented parties to construction contracts in numerous adjudications and can boast a high level of success. All senior members of Thomas Sands' staff have been through the industry's rigorous training programmes so that our clients get the best possible advice and expertise during what are often difficult times for them.
Most standard Forms of Construction contracts used in the UK provide the parties with the option to agree that disputes can be resolved using arbitration proceedings governed by the Arbitration Act 1996 and supported by the Construction Industry Model Arbitration Rules (CIMAR).
The main theme underpinning the Arbitration Act 1996 is that the parties should be encouraged to take control of the dispute resolution procedure.
Thomas Sands has had extensive experience of providing their construction clients with dispute resolution support services to assist in the arbitration process.
Senior members of Thomas Sands have undertaken formal training and qualifications and are members of the Chartered Institute of Arbitrators (CIArb). Thomas Sands can provide its clients with arbitration services including pre and post action advice, document drafting, case management, advocacy and expert witness support.
Alternative Dispute Resolution, or perhaps more correctly, Additional Dispute Resolution procedures (ADR) has been used to resolve construction disputes for many years. In particular, Mediation has become popular amongst clients who realise the benefits of agreeing to a speedy and cost effective process for settling his disputes.
The Courts have also made it clear that the parties to any commercial dispute should consider Mediation in addition to litigation. Even the Appeal Courts have expressly supported the mediation process and have criticised parties and their representatives for not attempting its use. For example: Mediation (Halsey v Milton Keynes NHS Trust and Steel v Joy and Halliday.) The Courts will even consider cost sanctions against parties that refuse to mediate (see Dunnett v Rairtrack.)
Thomas Sands can assist the parties to mediate their dispute by offering support on quantum and contractual issues. Thomas Sands can also provide assistance with the drafting of the party's settlement agreements.
Thomas Sands can also be appointed to consider and report on disputes in the process of 'expert determination'. This is an alternative approach to resolving disputes where the parties agree to be bound by the findings of an impartial 3rd party following a short investigation process.
