Obsidyan is there to help preserve relationships and resolve the dispute as quickly and amicably as possible.

Obsidyan is does not focus only on providing a dispute resolution service as we firmly believe that the strategy should be trying to reduce the likelihood of disputes occurring in the first place. Only when disputes cannot be avoided do we move to providing a dispute resolution service.

Avoidance

Disputes often result in time and cost overruns, have negative impacts on cashflow and the profitability of a construction project.

It is our firm belief that the time, effort and ultimately cost spent on avoiding disputes is far less than trying to resolve a dispute once it has happened.

Obsidyan can help your business reduce the likelihood of disputes occurring. One of the first steps to achieving this is by starting with a construction contract that contains, as a minimum, the 5 Core Contract Components.

“An ounce of prevention is worth a pound of cure” – Benjamin Franklin

5 Core Contract Components

  • Properly defines the scope of work
  • Clearly defines the obligations of each party
  • Has clear obligations in respect of completing the work on time
  • Has a payment process that functions properly
  • Has appropriate mechanisms for dealing with changes to the price and time

We can make the biggest impact at the pre-construction stage of a project, before the contract is signed. Find out more about our contract services.

“In the excitement of securing a construction contract, it is easy to overlook reviewing the contents in detail. A contract that is unclear and ambiguous will increase the likelihood of disputes during the execution phase.”
Richard Wimbush, Founder of Obsidyan.

Claims Preparation and Defence

Construction claims go both ways, you may be submitting a claim for additional time and/or cost but you may also find yourself on the receiving end of contra-charges and other items that are being set-off from your account.

It is essential that the correct strategy is adopted to improve the likelihood of success when submitting a claim. We use our experience to select a strategy and prepare documentation that is technically, legally, and commercially robust and accurate.

Obsidyan will provide an honest opinion of the contractual position and likelihood of success to help our clients make an informed decision on the most appropriate course of action. It is essential that a process is not embarked upon until the risks and benefits have been fully considered.

Resolution

Disputes can still occur even when best efforts have been made to avoid them. Obsidyan supports businesses with the negotiation of individual items of dispute as well as overall accounts. There is no one strategy for resolving a dispute and it is therefore necessary to understand the detail, circumstances and personalities involved.

In our opinion negotiation is the method of resolving disputes that provides the best opportunity to preserve relationships. It is, however, sometimes difficult to know what to do when disputes arise and Obsidyan’s experience can bring a fresh perspective to help unlock the situation and bring it to a conclusion.

Adjudication

Adjudication was introduced to the United Kingdom when the Housing Grants, Construction and Regeneration Act 1996 was enacted in 1998. Adjudication has since been adopted in Ireland, Hong Kong, Singapore, New Zealand, Malaysia, and Australia.

Adjudication is a quick means of resolving construction disputes, allowing parties to seek a binding decision from a neutral adjudicator on specific issues, often related to payment or contractual disagreements.

The Adjudication procedure can be technically complicated and failing to adhere to the process can result in an unsuccessful outcome. Obsidyan help support companies to prepare for referring disputes to Adjudication and act as party representatives throughout the process.

If you are the defendant (Responding Party) in an adjudication, you may have as little as 7 days to prepare and submit your response, it is therefore essential to act quickly and seek expert support to provide the best possible defence.

If you are thinking of referring a dispute to Adjudication or are on the receiving end of an adjudication, contact us so we can provide you with the support you need.

Obsidyan provides comprehensive commercial management, contract services and dispute resolution solutions, distinguished by a holistic approach, an unwavering commitment to excellence, and building long-term, trusted relationships with clients to drive positive outcomes and success in construction projects.