Dispute Resolution in Construction

Large and complex projects are increasingly common in the construction industry. However, these large-scale projects often come with substantial claims. If not addressed amicably, claims in construction contracts can escalate into disputes, resulting in cost overruns and conflicts between owners and contractors. Despite various dispute resolution mechanisms provided by contract laws in India, the construction sector continues to face numerous disputes, leading to significant investments tied up in arbitration procedures.

Construction projects in India are often plagued by schedule delays, resulting in financial losses. Contractors may seek compensation from owners, and disputes arise when the owner refuses to settle these claims. This leads to further delays and financial losses for all parties involved.

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Key Triggers for Disputes in the Construction Sector

  • Errors and omissions in contract documents, including discrepancies in physical aspects like ground and soil characteristics that may not be accurately reflected in the agreement
  • Changes in the project scope
  • Misunderstanding or non-compliance with the contract terms by the owner, contractor, or subcontractor
  • Cost overruns caused by bureaucratic delays from regulatory bodies
  • Delays in material supply by the owner
  • Payment delays by the owner, leading to schedule setbacks
  • Wrongful termination of the project

MCS offers the following specialized services for Claims Management and Dispute Resolution:

Claim Identification

Identifying potential loopholes, delays, or other events that could lead to the emergence of claims.

Review and Analysis

Examination and analysis of all correspondence and documents related to the claims.

Gathering Solid Evidence

Collecting strong evidence through records, data, and correspondence to support the claims.

Supporting Documentation

Identifying potential loopholes, delays, or other events that could lead to the emergence of claims.

Mediation & Conciliation

Provide advice and assistance to our clients in mediation and conciliation proceedings, including preparing the necessary documentation.

Arbitration Proceedings

If mediation and conciliation fail, our experts assist clients in initiating arbitration and conducting proceedings in accordance with contractual and legal provisions.

Arbitration Assistance

Support in securing interim protection orders, drafting rejoinders, and handling all correspondence related to arbitration proceedings.

Enforcement of Award

Providing all necessary documentation and support to enforce settlement awards.

Challenging Arbitration Award

Preparing documents and filing timely appeals to challenge settlement awards in court.