Building & Construction Disputes

As a firm of Chartered Building Surveyors and Chartered Project Managers, Record Associates regularly provide advice and RICS Expert Witness reports on a range of building and construction disputes including:

Building & construction contract disputes
Professional negligence disputes
Incomplete or unsatisfactory works

Defective workmanship
Non-performance
Payment disputes
Party wall disputes

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Building and construction disputes can be very difficult to unravel as some projects are often commenced without any formal paperwork or the key events and communications are poorly documented against which to assess and benchmark performance. Often paperwork is ambiguous or unclear and there may be legitimate reasons for delays to have occurred or works to have been undertaken in a certain manner.

Unravelling this and getting to the heart of the dispute can therefore be challenging so we focus on the key issues, establishing a clear chronology of events and separating facts from opinion or conjecture in arriving at a position in a full, honest and unbiased manner so as to determine the best course of action.

Acting in an unbiased manner is a critical factor to all the advice we provide as, despite best endeavours, disputes may still need to be settled by a court or tribunal so need to be in accordance with the Civil Procedure Rules (CPR), the RICS Practice Statement, “Surveyors acting as expert witnesses” and any other RICS practice statements or pre-action protocols.

All advice will be led by our Julian Record, a Chartered Building Surveyor and Chartered Project Manager with over 25 years experience within the property and construction industry. Julian has authored for JCT News (www.jctltd.co.uk) and written several articles on aspects of building and construction.

Julian has also completed the RICS accredited Legal Experience Training Advanced Professional Award in Expert Witness Evidence and has prepared several CPR compliant RICS Expert Witness reports either for one party to the dispute or, both parties as a Single Joint Expert. Instructing solicitors include Terry Jones, Linder Myers, Clarkes, Trowers & Hamlins, Irwin Mitchell, CMS Cameron McKenna, Weightmans, DAS, DLG and DWF.

Julian is a member of The Academy of Experts. Members have been rigorously accredited by The Academy on the grounds of qualification in their profession; Understanding the role and duties of the expert witness and their ability to put this into practice.

If you would like to discuss your situation on a confidential basis please contact our Julian Record and he would be delighted to assist.

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Recent Projects

Miscellaneous Instructions | Expert Witness

All our expert witness instructions are undertaken by Julian Record, a Chartered Building Surveyor and Chartered Project Manager with over 20 years’ experience in project management and general building consultancy across the public and private sectors.

Wesley House | Construction Project Management & Architectural Design

Record Associates were appointed by Via Property Development Ltd to provide Architectural Design and Construction Project Management services in connection with the conversion of this former Methodist Chapel into 12 apartments extending to approximately 780 sq.m.

Aberclay Finance | Development Monitoring and Due Diligence

Record Associates have been appointed to monitor three housing developments on behalf of the funder, Aberclay Finance. The developments comprise 13 units in North Shropshire, 20 units in Worcestershire and the conversion of 5 listed barns in Oxfordshire

All projects

I’d like to thank you for all your hard work and commitment facilitating our move to Baskerville House which, given the complicated structuring of the leases and phasing of the works to accommodate the changes to our organisation, was by no means straight forward. Overall we are extremely pleased with the end result, which was achieved at great value for money and with excellent client service.

Tim Manson | Director of Operations Marketing Birmingham TESTIMONIALS

Julian Record has been a huge asset on the Abbey Stadium Leisure Centre project having advised the Council from the outset on the business case and the selection of the preferred development option though to agreeing a procurement strategy which addressed the key project risks and optimised value for money, competently administering the construction contract and ensuring that the right quality levels were being achieved. It was immensely pleasing to have completed this project on programme and within budget which has in large part been down to Julian Record and his team’s knowledge, experience and tenacity

John Godwin | Head of Service Leisure and Cultural Services Bromsgrove District & Redditch Borough Councils TESTIMONIALS

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Building & Construction Disputes