Property and Construction Disputes

Investing with others in property, whether it’s residential or commercial, creates a scope for disagreement, particularly where there is a significant commercial element involved. At Eldwick Law, we understand that owning and/or occupying property is as much of a business transaction as any other commercial transaction is. So, any dispute over property should be treated in an equally commercial and business-like manner.

Our Property Litigation team has years of experience in acting for clients in:

• Adverse possession claims;
• Beneficial ownership;
• Breach of contract claims;
• Construction disputes;
• Development disputes;
• Landlord and tenant litigation, including rent arrears and forfeiture;
• Possession of land claims;
• Property-related professional negligence;
• Service charge disputes;
• Trusts of Land and Appointment of Trustees Act 1996 (TLATA) claims.

We also represent clients in construction disputes, whether that be in litigation, arbitration, adjudication, mediation or dispute resolution boards. We act for employers, contractors, sub-contractors, special purpose vehicles (SPVs) and professionals in all manner of construction disputes.

At Eldwick Law, our team is experienced in helping clients navigate through contentious construction disputes. Often, the time and costs involved in construction projects can inevitably result in delays or disputes. When these types of issues arise, we understand that that our clients want these matters to be dealt with swiftly and with the best outcome possible, which can include still maintaining a relationship between the parties. In these circumstances, Adjudication is a viable option to consider, and is appropriate for resolving claims relating to defects, delays, or disruptions of work, extensions of time for completing the work, or interim payments for example.

Adjudication enables parties to resolve construction contract disputes in a faster, more cost-effective manner when compared to arbitration or litigation. Indeed, the Adjudicator normally publishes their Decision within 28 days, unless the parties agree to extend this period. The Decision is binding until the dispute is determined through litigation, arbitration or agreement between the parties.

We understand that in these situations, legal costs can be an additional concern for you or your business. To give you peace of mind, we can either agree a time-costs fee or a fixed-fee in certain circumstances. We also work closely with our clients’ in-house teams where necessary, which has the added benefit of reducing costs.