Mercantile Barristers - Dispute Avoidance Protocol

Our Expertise

Dispute Avoidance Protocol for Construction Contracts

Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

The Problem

The construction industry is notorious for the prevalence of arguments and disputes on construction projects. As your business grows and embarks on more projects, litigation becomes a real risk. Even when you do everything right, problems remain on construction projects.

Cost and payment issues, variations, programme delays or ambiguity in the project specifications can all give rise to disputes. The adversarial nature of the industry and a misunderstanding of the distribution of risks in construction contracts create fertile grounds for disputes to fester.

Each dispute on average costs several thousands of pounds in legal costs and lasts several months.

A dispute can destabilise the best-planned cash flow; cause maximum anxiety; damage relationships; inhibit business growth and in many cases lead to insolvency and demise of the business.

Few Employers and even fewer Contractors and Sub-Contractors take pre-emptive steps to avoid these disputes. In our experience, the cost of obtaining timely proactive legal advice that helps in avoiding a dispute is only a fraction of the legal costs spent when a dispute arises.

Mercantile have over 10 years experience in the property industry

The Evidence

A CBI and Oxford Economics report published in February 2021 found that the UK construction industry spent £1.27bn last year on legal services. This is 1.6% of all procurement spend and twice the level seen across the UK economy as a whole

The Risks:

Construction Disputes
Adjudication, Arbitration, Litigation
Thousands of pounds in legal expenses
Business disruption and damaged cashflow
Anxiety, physical and mental health problems
Damaged personal and business relationships
Inhibited business growth and loss of profits
Personal and / or Business Insolvency

Mercantile - Established to cater for clients in todays fast moving digital economy

The Solution

Mercantile Barristers have developed a Construction Disputes Avoidance Protocol for Employers, Contractors and Sub-Contractors designed to save substantial
legal expenses.

As part of the plan, you will get 1-1 expert construction legal consultation, that will interrogate your existing Operational systems to identify areas of legal and financial vulnerability and risks; and then provide advice and guidance to enable you reduce and possibly eliminate:

‍Costs Risks: Cost overruns and payment difficulties on construction contracts;‍
Time Risks: Programme delays and failure to achieve practical completion dates on construction contracts;‍
Quality Risks: Ambiguity in specifications, quality control and late availability of working drawings &
Overall Contractual Risks

Mercantile are a tried and truster solicitors

Mercantile London - Value Adding Approach

We'll guide you

We will guide you to do it right. Even if the paperwork is not watertight, we will prepare you to be ready.

Most businesses only seek legal advice and representation when a dispute has arisen and they have a crisis on their hands. This is imprudent because legal costs incurred dealing with a dispute are multiples of the legal expenses spent in timely advice to avoid that dispute.

The Process

How It Works

You will get 2 hours per month with one of our specialist construction Barristers to work through the 12 areas of recurrent problems in construction projects. Working with our specialist construction Barrister, you will be guided through a process to help you close the gaps in your construction management/business process that present legal and financial risks to your business.

See Benefits

Why Choose Us

Our Direct Access Barristers

Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.