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Construction & Engineering Disputes

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At CMS, we strive to spend more time looking outward at your world than inward at ours. As a leading and trusted adviser to the construction and engineering sectors, we aim to give you an advantage today by anticipating your challenges of tomorrow.

Our dedicated construction and engineering disputes team understands the particular commercial, technical and regulatory environment of the industry in which you work. We are focused on resolving disputes arising in these sectors, giving us a uniquely enhanced knowledge of your world and an unrivalled experience of resolving the kinds of disputes that arise in the commercial context these industries.

The team specialises in all forms of dispute management, avoidance and resolution including expert determination, adjudication, mediation, litigation and international arbitration (LCIA, ICC, UNCITRAL, DIAC and others).

The team is consistently ranked in the Global Arbitration Review as one of the world’s busiest international arbitration practices, we are experts in helping clients avoid formal disputes. So whether you foresee a problem arising and would like some guidance on the best course to steer, or whether you face litigation, international arbitration or other forms of dispute resolution, you are in safe hands with us.

Project Advisory and Risk Management

The team also offers a ‘Project Advisory and Risk Management’ service - offering advice on how to avoid disputes at every stage of the lifecycle for major construction and engineering projects. As the legal, contractual and regulatory environment in which major projects are delivered becomes ever more complex, proactive management of risk has become a critical part of delivery strategies.

Our team provides flexible support to help you maximise opportunities and manage time, cost and quality risks that have the potential to impact the successful outcome of a project. This early intervention by our team minimises your risk of a costly dispute, protecting your reputation and your relationship with clients.

Our services include analysis of documentation and procedures, producing proforma documents and communication strategies, delivery of teach-in workshops to project delivery and commercial teams, regular project surgeries and risk review workshops, telephone helpline providing real-time project advice and post completion reviews.

 

"They are construction gurus and very experienced in both domestic and international engineering disputes. They have some outstanding lawyers and they manage client expectations well."

Chambers, 2023

"The team is hard-working and they are experienced in dealing with challenging matters and technical litigation."

Chambers, 2023

"A very well resourced and slick operation, which can handle the largest and most complicated of claims."

Legal 500, 2023

"The CMS team is well organised and thorough. They are able to handle complex and sophisticated matters with ease."

Chambers, 2023

"Large team that is highly expert in both construction disputes and commercial aspects."

Legal 500, 2023

"They are thinking from the position of their client. They are trying to step into our shoes and understand our needs as a business."

Chambers, 2023

"The lawyers at CMS appreciate the need to contextualise their advice. We want to be told what the answer is, and CMS avoids sitting on the fence."

Chambers and Partners, 2020

"A 'fantastic group' and 'a team in which everyone is playing to their own excellent strengths'."

Chambers and Partners, 2020

"CMS provides an exceptional service in terms of legal analysis, prompt and efficient working and managing a highly complex matter while at the same time doing everything possible to assist the client in reaching a sensible compromise."

Legal 500, 2020

"The team combines an in-depth knowledge of the construction industry together with commercial pragmatism."

Legal 500, 2020

"Great client base and cover all aspects of construction law both domestically and internationally."

Legal 500, 2020

"CMS are undoubtedly one of the most pleasurable construction teams to work with. They are talented, user friendly, dedicated and incredibly knowledgeable."

Legal 500, 2020

"It is a confident and user-friendly team which roundly produces top-quality, commercial advice in tune with the business timescales we are working to.”

Chambers, 2018
Law-Now: Construction & Engineering Disputes
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19/10/2023
Construction Focus breakfast seminar
We are very pleased to welcome you to the latest edition of our Construction Focus breakfast seminar series, taking place at our Sheffield offices on 19 October 2023. This event is the fourth instalment...
11/05/2023
CMS strengthens Infrastructure, Construction and Energy Disputes team with...
International law firm CMS has appointed Philip Norman as a Partner in the firm’s Infrastructure, Construction and Energy (ICE) Disputes Team in London, with a focus on the Middle East and Africa. Philip...
11/04/2023
Rebuilding Confidence: CMS International Construction Study 2023
Introduction In this era of low economic growth and high inflation, it is no surprise that the construction industry is facing a brutally challenging period. Rocketing interest rates, escalating material and labour costs, and growing pessimism, are heaping pressure on the sector. Across the construction supply chain, insolvencies have been rampant in many countries. This unforgiving climate and gloomy outlook is delaying or deferring spending and investment, but it is also creating concern, tension and discord in existing construction projects. These difficulties must be worked through by project stakeholders to stave off full-scale disputes, yet dispute resolution proceedings, such as arbitration, frequently occur across the industry. The bleak backdrop forms the foundation of the CMS International Construction Study 2023, which draws on extensive responses collected in late 2022 from industry experts and targeted interviews with selected senior professionals. The report outlines the difficult circumstances that the sector faces, but highlights the measures that can be taken to limit or prevent the fallout.
23/11/2022
Protection from protests
Protest on the streets, protest online, even litigation used as a vehicle for protest. Protestors targeting a business may be standing in a crowd, holding a placard or shouting slogans. But they may also be behind a computer screen or pursuing a claim against the business through the courts. They may even be working inside the business, preparing to compromise its systems or leak confidential information. Whether they are activists, employees or customers, all these protestors may present a substantial challenge and a real threat to businesses, in areas including its security, reputation and bottom line. 
11/10/2021
Readjusting Risks: CMS International Construction Survey 2021
Introduction The COVID-19 crisis is an extreme example of the many unexpected incidents that impact construction projects, resulting in heightened tensions and disputes amongst stakeholders. The pandemic has accentuated many of the typical frictions that occur in the construction industry, as well as highlight new challenges. No matter how experienced or astute the parties to a project are, when negotiating and concluding contracts, there is always the potential for an unforeseen event to cause major disruption, resulting in commercial pressures and financial losses. Readjusting Risks, the latest CMS International Construction Survey for 2021, is available to download now. This year's report examined more than 50 responses from senior members of the industry and conducted interviews with leading figures that have key responsibilities for construction contracts, projects and the resolution of disputes. The survey drew in responses from across the world, especially Europe, Middle East, Africa, Asia and Latin Amer­ica.    The report showcases the primary trends in the market, from the increasing enthusiasm for arbitration as a preferred form of dispute resolution, along with mounting preferences for mediation and other forms of alternative dispute resolution (ADR), to industry-wide recognition that keeping better records and managing change more effectively are vital to minimising tensions and potential disputes. It also reviews the additional strain of COVID-19 on the industry.
14/01/2021
CMS strengthens Infrastructure, Construction and Energy Disputes team with...
International law firm CMS is pleased to announce the appointment of Emma Schaafsma (Kratochvilova) as a partner in its Band 1 ranked Infrastructure, Construction and Energy (ICE) Disputes group based...
10/09/2020
Privilege: What you need to know
Privilege is an important, and complex, issue that arises in contexts ranging from investigations and expert reports, to multi-party litigation and settlement negotiations, as well as day-to-day com­mu­nic­a­tions...
31/07/2019
Annual Review of English Construction Law Developments 2019
The 2019 edition of our internationally focused Annual Review of English Construction Law Developments summarises the key developments of English construction law over the last 12 months. This edition...
14/06/2018
Annual Review of English Construction Law Developments 2018
Welcome to the 2018 edition of our internationally focused Annual Review of English Construction Law De­vel­op­ments.2017 has been another busy year for the development of English construction law. This...
09/05/2018
Construction Focus 2018 – Risk and resilience in construction contracts...
Join us as the CMS Construction team share their experience of compiling and unpicking construction contracts. In an increasingly changing political and economic landscape, this half day seminar will...
24/04/2018
CMS Construction Conference 2018 – Risk and Resilience in Construction...
Join our CMS Construction team at the 2018 Construction Conference which focuses on mitigating risk in construction contracts. Topics Our team will provide updates on:Payment and payless notices - where...
19/12/2017
CMS guide to the FIDIC 2017 suite
At the beginning of December 2017, FIDIC published its much-heralded and long awaited new editions of the Red, Yellow and Silver Books. The new versions contain extensive amendments and are an attempt...