Non-Contentious Negotiation
As Arbicon are Experts in Construction Contracts and disputes, the content of contracts is our Expertise. Not only knowing what a term or Clause means and the procedural and legal consequences makes Arbicon the only choice in negotiating contracts.
Typically, the paying party will seek to impose amendments on the payee, such changes are often misguided and misplaced and leave the party proffering the amendments open to claims and problems, when amending standard forms. Arbicon have seen many situations where inexperienced lawyers have drafted disastrous amendments. Conversely, we have seen claims left un-amended that should have been.
Arbicon can negotiate the contract, review amendments or write amendments to contracts together with writing and negotiating all other documents such as Employers Requirements and Contractor proposals.
Contentious (Dispute) Negotiation
Negotiation is the cheapest construction dispute resolution method for the parties in dispute is to resolve their differences and reach a settlement without the need for formal proceedings.
Arbicon are Expert Negotiators of Disputes.
Appointing a third party Dispute and Claims Consultant such as Arbicon provides an extra level of formality that will make your opponent take serious notice. Half or more of all cases we take on are resolved on a first letter from us. We will find a way forward in any dispute if there are honest grounds to advance.
Arbicon when appointed to represent a party will always as a first step attempt to negotiate a settlement with the other party if it is appropriate to do so. There are two main reasons for this approach and protocol.
Firstly, if the dispute is resolved as a result of our submissions and negotiations an effective and economic solution will have been reached for both sides.
Secondly, the submissions made by Arbicon in attempting to resolve the dispute will ensure that the claim has been properly and fully canvassed. This means that the other party will be clear as to what the full claim is and in default of any response to it there will be a dispute that can be fully and formally referred to adjudication, arbitration or in some cases where ADR is not possible litigation.
Thus your dispute whatever the size can be easily handled economically by Arbicon prior to formal proceedings, indeed we recommend you involve us at the earliest opportunity when a dispute arises.
If you have any queries or would like to know more about arbitration or the services Arbicon provide, please use our contact form or call one of our offices.