Litigation

Our philosophy is that the primary objective must always be to avoid a dispute

To this end, we can provide advice at the inception of a project including the use of the most appropriate form of standard contract, drafting amendments to contracts, partnering arrangements and the setting up bespoke agreements

However, despite the best of planning, disputes can still occur and therefore a large element of our work involves assistance during and after the construction process – trouble shooting as well as advising on the dispute resolution process and we have considerable experience in dealing with all forms of Construction Litigation Claims, Arbitration, Adjudication and Mediation. We seek to provide our clients with not just practical legal advice, but also commercially sensible and viable solutions.

Construction Litigation
We are highly experienced in construction disputes. Some of the areas of our expertise include:
• Interpretation of agreements including construction & commercial agreements
• Valuation of works and variations
• Analysis of extensions of time claims
• Assessment of loss and /or expense claims
• Professional negligence claims
• Defects claims
• Environmental claims
• Freezing injunctions

We have represented our clients, including as Advocates, in the Technology and Construction Court in a vast range of claims including disputes on collateral warranties, defects, final accounts, variations, delay & disruption, loss & expense, extension of time and even making applications for injunctions preventing the call on bonds or seeking freezing orders to restrain opponents from dissipating any of their assets.

We have experience in working with the Courts, both High Court and County Court as well as dealing with appeals in the Court of Appeal and the Supreme Court. Most of our work is done in the Technology and Construction Court (TCC) which is a specialist Court dealing with complex construction claims.

Our experience also covers:
• claims for breach of contract, valuation claims, loss and expense and delay claim
• professional negligence including claims against engineers,  architects, quantity surveyors, and project managers
• insolvency matters including statutory demands, and winding up petitions,
• breach of warranty
• product liability claims

The partners all have a wide range of experience, including dual qualifications as both Quantity Surveyors and Solicitors. They have worked in the Construction Industry in the past and so truly appreciate the challenges faced by those involved in this sector.

Our experience includes claims relating to:
• agency disputes,
• banking litigation,
• commercial disputes,
• construction disputes,
• contract disputes,
• company/corporate work
and business issues including:
• shareholder disputes
• injunctions
• insurance policy disputes
• insolvency including issue of statutory demands
• winding up and bankruptcy
• intellectual property
• I.T. disputes
• partnership issues
• professional negligence
• product liability claims
• property disputes

In all cases, we will take the issues as you see them and place these within a legal and commercial framework in order to be able to agree the most fitting way forward with you

Litigation Funding

Litigation can be an expensive business. At Silver Shemmings, we aim to control the cost to our clients in litigation. Our approach is to provide a value for money services and an effective way of managing our client’s costs is to consider the risks associated with litigation as well as providing detailed costs estimates before and during an on-going court case. We can also advise our clients on risk-transfer, i.e. insurance policies to cover the risk having to pay an opponent’s costs.

Find out more about how we can help

Call us on 0207 167 6602 or complete our contact form by clicking the button below

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Silver Shemmings Ash

 

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