Over 100 highly trained and qualified consultants deliver Driver Consult expertise to clients engaged in all aspects of construction and engineering, working with them from inception to completion.

Dispute Resolution

When the parties to a contract cannot agree as to the correct, or at least an acceptable outcome of a matter that has arisen under the contract, a dispute exits between the parties, which requires reference to a third party to resolve.

Legal Process

Broadly encompassing:

  • Adjudication
  • Arbitration
  • Litigation

Adjudication

Driver Consult contributed to the consultation process that gave rise to statutory adjudication for the UK building and civil engineering industry. Expertise within all services offered by Driver Consult enables it to advise on strategy for single or multiple adjudications and provide the necessary quick and effective response to adjudications working as an integral part of the team. Our staff encompasses registered adjudicators, trained advocates and non-practising Barristers to provide expertise from every angle including:

  • Acting as adjudicator
  • Advising on how best to present its case at adjudication
  • Providing awareness of the Act, the Scheme, the procedures and their implications
  • Representing a party at all stages of adjudication
  • Setting up procedures in preparation for adjudication

Arbitration & Litigation

Driver Consult provides support to those involved in construction disputes being resolved by arbitration or in court proceedings. Our services are specifically requested due to the technical issues being dealt with via the legal process.

Amongst our legal and technical trained staff are Arbitrators, Accredited Mediators, non-practising Barristers and Expert Witnesses with a full range of expertise from planning and programme analysis to assessment of quantum in all sectors of the construction industry.

Support services include:

  • Assessment of quantum in relation to offers of settlement
  • Assistance with drafting pleadings
  • Assistance with drafting Requests for and Replies to Requests for Further and Better Particulars
  • Briefing Counsel on technical aspects of the issues
  • Inspection of documents
  • Interviewing witnesses/preparation of proofs of evidence
  • Preparation of claims for pleading
  • Preparation of Scott Schedules

Alternative Dispute Resolution

Increasingly, parties to construction disputes are looking at alternative methods of Dispute Resolution. Driver Consult has experienced staff who are trained as mediators, arbitrators, adjudicators and conciliators and act in the following processes:

  • Conciliation
  • Dispute Review Board
  • Expert Determination
  • Mediation
  • Mini Trial
  • Negotiation

Expert Services

Driver Consult employs qualified, practicing professionals who also act as Expert Witness in construction related arbitration and litigation as to:

  • Quantification and valuation of work done, or damages, loss and/or expense incurred
  • Liability of Quantity Surveyors in professional negligence matters
  • Programming issues such as delay, extension of time, acceleration, and disruption

The sums in dispute in recent cases in which Driver Consult provided expert witnesses range from tens of thousands of pounds to many millions.  Their technical diversity reflects the breadth of Driver Consult’s team, for example:

Building

High Court litigation involving an £18M claim against the contractor for mismanagement, late completion and defective work on an inner-city office development.

Repairs

Ranging from a £30,000 claim for house repairs arising from defective foundations, to a £3M claim for repairs to defective cladding on an industrial building.

M&E Services

Litigation for £12M claim in variations and disruption to M&E services to highly serviced scientific research facility.

Water Treatment

Arbitration of £2.5M claim and £1.25M counterclaim following failure of control and monitoring system to a water purification processing facility.

Civil Engineering

Arbitration of £20M valuation dispute over land reclamation scheme.