Lupton Fawcett LLP

Dispute Management

People, especially those in business, fall out sometimes. Disputes arise. They always have, and they always will. If a dispute can’t be prevented, then the next best thing is to deal with it quickly, effectively, and within a clear and agreed budget. Dispute resolution must be cost effective; we know the difference between winning and success - success is when it is worth it.

Lupton Fawcett’s Dispute Management team is highly trained and committed to providing robust, cost-effective advice, which will help our clients to achieve the best possible outcomes, through the most appropriate means - negotiation, litigation, formal mediation, arbitration, adjudication, or expert determination.

The department’s five directors are all highly experienced in their own areas of expertise, and work closely with their specialist teams to provide a complete dispute management and resolution service.

We recognise the importance of maintaining direct lines of communication between our clients and our directors, so that clients always have full understanding and control of the cases entrusted to us.

Our expertise covers a broad range of specialist areas, including for example:

• commercial contract disputes
• construction disputes
• engineering disputes
• M&A warranty claims
• guarantee and indemnity claims
• professional negligence (defendant and claimant)
• insurance claims
• supply of goods and services (including consumer credit) disputes
• judicial review
• defamation
• VAT disputes
• property litigation
• disputed wills and estates
• partnership disputes
• shareholder disputes
• breach of employees’ and directors’ duties

Construction Law

Our specialist construction and engineering lawyers form part of our dispute management team, drawing on the support of specialist lawyers in related areas including: commercial property; employment; corporate defence and prosecution; corporate finance & commercial; intellectual property; cash-flow services, to deliver a full, integrated solution.

We recognise that construction law demands expertise from many fields and at many levels, such that we have developed a first class network of consultants and advisers whose expertise and experience may be called upon where appropriate. Whilst our expertise is largely focussed on contentious construction law our network covers all areas of construction.

Our contentious construction practice is founded on many years of experience of resolution of construction and engineering disputes and in acting for and against professional advisers on professional indemnity claims.

As with other areas of our practice, we understand the cost of winning and that success is when it is worth winning. We will only lead you to productive and economic solutions to problems.

We can help you in areas including:-

• Litigation
• Arbitration
• Adjudication
• Mediation
• Expert determination
• Other forms of alternative dispute resolution
• Dispute prevention
• Delivery of practical and strategic advice in a straightforward timely manner
• Cash-flow management
• Updating know-how and alerting you of case-law and other legal developments.

We act for a broad range of clients across the building industry including employers, developers, contractors, professionals, project managers, property owners, insurers, brokers, and banks.