Dispute Avoidance & Resolution
1. Adjudication
Our background in Construction and being at the forefront of the Adjudication process allows us to deliver added value to our clients. We deal with adjudication on a daily basis and understand the commercial reality of the process. Our principle, Bob Davis is a past chairman of the Adjudication Society.2. Arbitration
When there is a need for formal action we have experience both in the UK and internationally. We can provide the Arbitrator or alternatively can assist in conducting arbitrations.3. Mediation
CEDR’s definition of mediation - it is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution. R-J- Davis employs accredited Mediators and believes the process is effective in resolution of disputes.4. Expert Determination
Expert determination is a process in which an independent third party, acting as an expert and not a formal tribunal is appointed to decide the parties’ dispute. Unless expressly noted to the contrary there is no right of appeal and the expert's determination is final and binding on the parties. It is particularly suited to disputes of valuation or a purely technical nature across a range of sectors. R-J- Davis has considerable experience in this form of dispute resolution and has provided the Expert on numerous occasions.5. Expert Witness
Expert witnesses perform a vital role in civil litigation. It is essential that both those who instruct experts and experts themselves are given clear guidance as to what they are expected to do in civil proceedings. Our consultants who provide opinion evidence have obtained a diploma in Expert Witness training run by Bond Solon and as supervised by Cardiff University. Our consultants recognise when acting as Experts that they always owe a duty to exercise reasonable skill and care to those instructing them, and to comply with any relevant professional code of ethics. However when they are instructed to give or prepare evidence for the purpose of civil proceedings in England and Wales they have an overriding duty to help the court on matters within their expertise (CPR 35.3). This duty overrides any obligation to the person instructing or paying them.6. Claim Preparation
Construction projects have a tendency to go wrong in many ways which may result in the need for formal commercial/contractual claims to be prepared and/or defended. In such circumstances R-J-Davis provides its clients with services which will deliver the necessary formal submission including all appropriate preparation and analysis of construction claims. Our team strive to find a resolution of disputes at the earliest possible opportunity. In our business we work with Employers, Contractors, Professional, Public Bodies, Finance Houses and Insurance firms covering all types of construction claims.7. Litigation Support
Assisting with the resolution of formal disputes by providing the legal profession with fast, clear and impartial advice. We can support each stage of litigation/ arbitration or mediation. We particularly support pre-litigation/action activity in preparation or defence of the requirements of the Pre-action Protocol.Other Services
1. Project Advisory Services
such as commercial management, cost management and planning, dispute management including avoidance and resolution;
Our services include:
- Cost management
- Cost planning
- Commercial management
- Contract drafting
- Procurement advice
- Dispute management
- Avoidance: risk management
- Avoidance: good procurement
- Dispute management
- Resolution: claims preparation, advocacy and negotiation
- Resolution: claims defence
2. Project & Construction Management Services
Our services include:
- PM: Scope definition
- PM: Communication procedures
- PM: Team selection
- PM: Management of projects bids
- PM: Delivery planning
- CM: Estimating support
- CM: Buildability reviews
- CM: Manage construction activity
- CM: Administer contracts
- CM: Manage Health and Safety
- CM: Manage change
- CM: Manage completion and defect period
- CM: Manage asset to handover
3. Programming and Scheduling processes
provided to aid decision making that a client is exposed to in their project schemes
Our services include:
- Time scheduling and resource profiling
- Programme risk analysis techniques
- Critical path network analysis
- Time impact analysis
- Decision support systems