Construction Dispute Management

When prepared and considered negotiation fails to achieve settlement, formal resolution processes may be necessary to expedite an equitable outcome. In the construction and engineering sector, common issues include payment disputes, delays, disruption, change valuation, final account disagreements, design liability, and contract interpretation. At Fortis, our team brings extensive experience in tackling these issues and more, guiding Clients towards effective and timely resolutions.

Adjudication is now the sector's most common dispute resolution process, typically operating on a statutory fast-track process that usually runs for 28 to 42 days. Our Directors, Associates, and Consultants have acted as advocates, party representatives, expert witnesses, and even adjudicators in over 500 cases. The success of adjudication lies in how clearly your case is prepared and presented, whether as the referring or responding party, and we ensure your case is delivered with clarity and impact.

When both parties are willing, mediation offers an opportunity to reach a settlement with the assistance of an impartial facilitator. Mediation can yield outcomes that formal tribunals cannot, often preserving business relationships. Fortis provides mediation preparation, advocacy and strategic advice, working with RICS Accredited Mediators to help you achieve the most productive and constructive mediation experience.

Arbitration suits more complex disputes where the quick timescales of adjudication do not suit the depth of the issue. Our experience includes acting in domestic arbitrations across the UK, Ireland, and internationally under reputable rules such as ICC, AIA, and UNCITRAL. We guide clients through each stage, ensuring your case is robustly represented.

Commonplace in Ireland, conciliation involves the appointment of a neutral Conciliator to help the parties seek a practical resolution. The Conciliator investigates the issues and proposes a formal recommendation before escalation is necessary. Fortis has successfully delivered positive outcomes in many conciliations by setting the right strategy and approach.

With our network of partner law firms, we have significant experience supporting clients through litigation in England and Wales (TCC, Commercial Court), Scotland (Sheriff Court and CSOH), Ireland (Commercial Court), and even in the USA (Federal courts). Fortis supports legal teams by providing independent expert advice, strategic planning, and formulation of successful cases.

Our highly qualified experts often provide independent evidence on complex matters such as quantum, delays, liability, defects and more. We are relied upon by law firms and party representatives for clear, concise and impartial expert witness services in all formal tribunals.