Highway construction dispute, UK


Client: Contractor

Region: UK

Industry: Construction

Fenwick Elliott acted for a main contractor against a local authority client in connection with a £5million claim for measured work, delay and disruption arising out of an NEC contract to build a new highway in England.


The key issues related to the adequacy and responsibility for the design contained within the works information supplied by the client.


We adopted an innovative approach to dispute resolution in order to avoid the difficulty with the standard NEC dispute resolution provisions which forces the parties to commence arbitration proceedings immediately following adjudication to prevent the adjudicator’s decision from becoming binding.


The client was able to avoid bringing costly and time-consuming arbitration proceedings and concentrate on achieving a final overall settlement.