Alternative Dispute Resolution

"The Construction Legal team provides us with practical and succinct legal advice relating to a complex property disputes. The point of difference with Construction Legal is that not only do they provide strong and reliable legal advice, it is supported by strategic outcomes informed by a deep understanding of how our business works. As we continue our journey to build our Australian footprint, we look forward to working further with Construction Legal."


Early intervention through Alternative Dispute Resolution to Early Dispute Resolution

When disputes arise, our goal is to act quickly to resolve them so that our clients achieve “best for the project” solutions without having to go through formal dispute resolution or litigation. This is because disputes can severely drain both resources and cash flow on a project.
Using Alternative Dispute Resolution (ADR) methods such as mediation, adjudication and expert determination can often mean that conflict is resolved quickly and efficiently so that everyone can focus on completing the project on time and within budget.

Our approach to Alternative Dispute Resolution:

  • Quick and efficient
  • Costs effective and commercially-sound advice and solution
  • Understand common interest of parties and collaborate accordingly
  • Manage difficult parties and unwillingness in others to participate in good faith
  • Wide access to a network of experts to assist in disputes

Mediation and Negotiation

It is often the case that parties to a construction dispute will first attempt to mediate or negotiate a resolution of their dispute or differences. Mediations are often conducted in one or two days and is a very informal process which means that the cost and time away from a project will be minimal. Construction Legal has a wide network of experts in the leasing and construction sectors so are able to recommend a mediator that will be well-versed in the issues that are in dispute.
Based on our extensive experience in mediation and negotiation, we understand the importance of the early and proactive resolution of disputes and will strive to obtain practical commercial results for our clients.


Adjudication is a popular, cost effective and simple method of resolving payment disputes under construction contracts. The process involves the appointment of a qualified adjudicator to review a payment dispute. The adjudicator reviews the submission from both parties to the dispute and then makes a binding decision in accordance with relevant statutes and laws, known generally as security of payment legislation.

The team of lawyers at Construction Legal have conducted numerous adjudication for payment disputes ranging from $100,000 to $35 million. We have a thorough understanding of security of payment legislation and will ensure that your interests will be protected every step of the way during the determination of payment claims.

Expert Determination

Expert Determination is often an efficient way to resolve disputes of a technical or contractual nature. By using expert determination, parties to a dispute can agree to be bound by the decision of a third party that has expert knowledge of a particular construction issue or subject.

The chosen expert’s role is mainly investigative, taking in evidence from the disputing parties by way of written submissions, the contractual conditions and of course the knowledge derived from their own expertise.

The Principals at Construction Legal have had years of experience in expert determinations dealing with disputes relating to delay, disruption and variation claims from $300,000 to 10’s of millions. We are experienced in the process and will endeavour to ensure that our clients walk away from process with a positive result.

Specialist areas of dispute

We specialise in all areas of construction, property and commercial dispute resolution including:

  • Breach of contract claims
  • Defective workmanship and breach of statutory warranties
  • Delay and liquidated damages claims
  • Disputes in relation to residential building work
  • Submission of claims for extensions of time
  • Dispute resolution of delay and disruption claims
  • Submission of variation claims
  • Disputes in relation to early use and possession
  • Adjudication Applications under the Security of Payment (All States)
  • Enforcing statutory rights to payment of Payment Claims
  • Preparing and defending liquidated damages claims
  • Advising on termination rights
  • Advising on latent conditions
  • Advising on rights to have recourse to security
  • Applying for and defending bank guarantee injunction proceedings
Supreme Court once again reinforces the binding nature of expert determination clauses Supreme Court once again reinforces the binding nature of expert determination clauses
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High Court decision – SOP Act – Adjudicator’s decision for non-jurisdictional error High Court decision – SOP Act – Adjudicator’s decision for non-jurisdictional error
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