dispute avoidance

The old adage remains true: "negotiate don't arbitrate, arbitrate don't litigate". But if you are to negotiate, then negotiate from a position of informed strength.
  • Where disputes have arisen during the construction process detailed technical and legal analysis is frequently a necessity to the understanding of the issues or claims often found emanating during or after complex construction projects.

  • Undertaking this form of analysis, Donald Pugh has worked with teams of construction engineers, planners, quantity surveyors, building surveyors, valuers and other technical experts in such diverse fields as: quarrying and stone crushing, structural, mechanical & electrical and railway engineering; geotectonics and morphology; and, accountancy. Through such analysis, it is possible to avoid full-scale arbitration or litigation.

  • With the determination and defining of the issues an objective view of the legal, technical and commercial merits (and risks) of both the client's position and that of the other party can be obtained. Frequently, this leads on to mediation or negotiation between the parties and the resolution or compromise of the dispute.

Please see the Summary of Projects and Cases for further details of the type and size of projects upon which Donald Pugh has been appointed during the course of his career. Reports prepared by Donald Pugh have been used by clients in the UK and overseas as the basis for negotiation and ultimate resolution of matters upon which formalised proceedings have already been issued.