Whilst this may be understandable to anyone working in our industry, the high quantity of disputes – whether these are alternative dispute resolution orientated or more formally litigated disputes – is not something we see in other industries. But it is easy to understand why we have so many disputes when you consider how construction works and what’s expected of contractors and subcontractors.

Firstly, every project is effectively bespoke. Unlike manufacturing, there’s no repeatable production baseline and this can lead to unclear scope, unforeseen issues and – importantly – differing interpretations and expectations.

The fact that many projects involve multiple parties and the fragmented nature of construction’s supply chain adds a further complication. Some projects may involve dozens of contracts and sub-contracts, which can result in risks where these contracts interface and, with the best will, gaps in scope can materialise resulting in blame-shifting of liabilities and cascading disputes.

Our sector is also fundamentally defined by high value but tight margins, which means minor issues can quickly escalate because of cash flow pressures and the need to be paid on time. Time pressure and uncertainty impact contract delivery too, which generates delay claims, extension of time disputes and can quickly accelerate conflicts, and there is often a great deal of complexity and ambiguity in contracts where allocation of risk is difficult to assess and scope can change frequently.

It’s no surprise then that many contractors and subcontractors adopt a ‘that’s just the way it is’ approach and deal with disputes in a relatively non-strategic way, as and when they arise. But it doesn’t have to be that way – contractors and subcontractors can operate far more efficiently, professionally and profitably by engaging expert assistance when it matters most by being more strategic about disputes.

Introducing the Quantum Consult “Strategiser”!

There are two elements to good dispute management – avoidance and resolution. If you get the basics right – understanding your contract, following the agreed processes and knowing when to take specialist advice – it is much easier to avoid disputes and reduce the need to resolve disputes, such as through mediation, adjudication or arbitration.

But getting the balance right is not easy for many construction and engineering businesses who usually need all their in-house resources to deliver the contracts they have signed up to. That is where Quantum Consult comes in – a team of outsourced contract management specialists who apply knowledge and experience to deploy the right mix of skills and services to either avoid or resolve disputes.

We offer eight core services that can be useful for both dispute avoidance and resolution – Additional Work Claims, Forensic Delay Analysis – Time, Forensic Delay Analysis – Money, Forensic Delay Analysis - Prolongation Claims, Disruption Claims, Earned Value Analysis, Corporate Recovery, and Business Support.

Usually, only certain services from the Quantum portfolio will need to be used to meet the contract management objective. But knowing which of these services to use requires a good strategy – and that’s what our Strategiser concept on our website illustrates.

When clients contact us, it is usually because they want to be proactive, and avoid a dispute, or they need to react to and resolve an emerging contract dispute – the two dimensions of a contract management strategy. So, thinking of Quantum Consult as a machine or process, whereby objectives are fed in and treated with the most appropriate mix of our services and skills according to the contractual issue. Out the other side of the process is the desired outcome – either a dispute avoided or dispute resolved – money and or time saved.

How does dispute avoidance work?

We can help you put the right strategy in place during all phases of a project. This will help you keep within time and budget through careful monitoring and reporting on the project risks and health, avoiding pitfalls, ensuring maximum returns and preventing under recovery on costs.

Throughout the contract we are the expert with a watching brief or standing by for consultation, to maintain our client’s commercial advantage. Constant or early involvement at a stage where elevation of a dispute can be either avoided or deployed is the key. Despite best intentions and following the agreed procedures, contractors and sub-contractors can still often find that they need to continually justify their position to parties that may have no prior knowledge of the project and issues. Recognising this is crucial to prevent the emergence of a potential dispute so the right steps can be taken.

When challenges are addressed as early as possible, openly, assertively and positively, contractors and sub-contractors are best placed to negotiate outcomes in their favour. And that means avoiding third party intervention and the costs that can entail by being in control of their entitlements.

How can Quantum resolve disputes?

For contractors and sub-contractors who find themselves in disputes, we can help them achieve a satisfactory resolution through our blend of quantity surveying, forensic delay analysis and legal expertise. Dispute resolution for our clients means providing closure to the commercial challenges of complex problems, mainly involving delay and financial health recovery at final account.

It is important not to bury your head in the sand, however. contractors and sub-contractors who engage with us at the earliest opportunity are in the strongest position, giving our team the best starting point to act on their behalf and pursue the claims to which they are legitimately entitled or, where required, advise on how best to defend their position.

Thinking positively is, we believe, key to success. We encourage our clients to think first in terms of positive action: what to do to positively assert a position. For example, if risk exposure to liabilities is the concern, we can develop a strategic plan to manage and minimise the risks.

Because our technical expert skills and experience have been gained across many sectors of engineering and construction and in all manner of disputes, we can draw on previous case experience to maximise our clients’ chances of a successful outcome – all backed by independent advice based on established legal principles and an unbiased perspective.

Importantly, our dispute resolution support is rooted in our strong commercial experience. The Quantum team’s legal awareness and valuation expertise plays a crucial role in our client’s negotiations, and our specialist acumen in cost and value is instrumental in finding a mutually acceptable solution without resorting to formal legal procedures. In addition, we can help you establish and prepare the required evidence and documentation, such as costings and financial data, to support a claim or defence.