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JMW mediates in building contractor dispute
At JMW, our commercial litigation solicitors are experts in helping clients avoid lengthy and costly court proceedings by making use of alternative dispute resolution (ADR) procedures.
Development Company vs. Building Contractor
JMW Solicitors was asked to help a development company involved in a dispute with one of its building contractors, which was contracted to carry out work at a flagship mixed development property in Oldham and consequently purchase some of the residential units at the site.
However, the contractor was contended to have left the works unfinished. The works that were finished were also said to be defective.
Court proceedings were issued in the Manchester High Court by JMW Solicitors with the aim of claiming both damages for breach of the building contract and an order forcing the builder to complete the purchases of the residential units in question.
In response to the legal action, the builder raised a defence alleging that it had in fact properly completed the work it was contracted to do and went on to also claim the client had made false factual statements - misrepresentations - upon which the contractor relied to its disadvantage.
After these issues were raised, JMW Solicitors was concerned for its client that they would lead to a lengthy and costly litigation process. As a result, the law firm proposed the alternative dispute resolution procedure of mediation to settle the issue without the need for a trial.
The suggestion was agreed upon by both parties and following a one-day mediation the litigation was resolved, with the building contractor agreeing to pay the client substantial damages.