When there’s a problem, resolving property disputes becomes a priority. Property and construction disputes continue to be prevalent, and more often than not professional intervention is required for fair and efficient resolutions. Vickery Holman get involved with all types of property and construction disputes, including, but not limited to:
- Dilapidation claims / section 18 valuations at the end of leases
- Neighbourly matters including boundary disputes & party wall matters
- Rent reviews & lease renewals
- Valuation disputes (including matrimonial)
- Professional negligence
- Development disputes
- Construction disputes including building fabric defects
- Service charges disputes
Resolving property disputes can be complex involving legal, financial, emotional and practical considerations. The best method(s) for reaching a conclusion depend on several factors, including
- Nature of the Dispute: Complexity, emotional factors, and specific issues involved.
- Relationship Between Parties: Willingness to cooperate and communicate.
- Cost and Time: Budget constraints and urgency.
- Desired Outcome: Binding resolution, enforceability, and preservation of relationships.
Each method has its pros and cons and sometimes a combination of approaches may be the best option, these include:
Expert Witness
An expert witness is instructed by one or both parties and will provide their professional opinion on the matter in dispute. They must be qualified to give such an opinion, such as having extensive experience in the matter and a suitable level of specialist expertise, as well as being willing to attend court to take questions from the other party’s legal team.
Mediation
A voluntary and confidential process where a neutral mediator (ideally one who specialises in property and construction disputes) helps parties reach a mutually acceptable settlement. It is generally cost-effective, quick, and helps preserve relationships.
Arbitration
A process where a dispute is submitted to an arbitrator who makes a binding decision; arbitrators are usually experts in their relevant field. It provides a binding decision, is private and can be faster than litigation.
Adjudication
A quick, interim binding decision by an adjudicator, commonly used in construction disputes. It provides a quick resolution and is binding until the dispute is finally resolved by arbitration or litigation.
Expert Determination
A process where an independent expert in the subject matter provides a binding decision and is less formal than court, and usually quicker and cheaper.
Across the South West, Vickery Holman have surveyors with the reputation, wide-ranging experience, market knowledge and qualifications, including dealing with specialist property fields, who can help resolve disputes and disagreements.
