Construction matters are mostly defined by long-lasting projects with a high risk of ending in a formalised dispute. As the construction industry grows, so does the number of conflicts related to construction contracts.
Due to the many variables surrounding construction projects, such as the nature of the works, the persons involved, and the way technology is implemented into the project, a large number of causes for disputes exist. Some of these causes are, inter alia,
- Claims for additional money and / or an extension of time
- unreasonable changes imposed by employers
- poor performance by contractors and subcontractors
- failure to administer the contract properly,
- conflicting interests between the employer and the contractor;
- unworkable transfer of risks;
- ambiguous or unclear contractual terms and divergent interpretation of terms;
- failure to provide adequate designs, etc.
For solving these disputes, parties can resort either to litigation, arbitration, or to extra-judicial methods of disputes resolution such as adjudication, dispute boards, or mediation.
Many domestic construction cases go to Construction Litigation. By contrast, international construction cases are usually decided by Construction Arbitration. In several English-speaking jurisdictions, statutory adjudication is available to both parties of a contract, i.e. a swift (usually 28 days) dispute resolution method from which the parties cannot opt out.
Another attractive option for parties desirous to get disputes off the table as soon as possible are dispute boards. Finally, there are several methods of ADR, such as mediation and conciliation.
BODENHEIMER have a multi-jurisdictional team which is very well versed in representing clients in all modes of dispute resolution including mediations, adjudication and conciliation proceedings, disputes boards, arbitral tribunals and courts of law. We also act regularly as arbitrators.
BODENHEIMER Representative Matters as Parties’ Counsel
Represented a turnkey contractor in arbitration proceedings regarding the performance of a plant procured under a FIDIC construction contract
Represented an Australian hotel operator before the German state courts in proceedings for taking evidence regarding defects in all bathrooms of a hotel
Represented a German provider of technical due diligence services before the German state courts, and gained a European Payment Order for the client, in a lawsuit against a Luxembourg real estate business
Represented a German flooring contractor in a dispute against a hospital in Luxembourg, arising out of alleged defects and the unjustified call of a performance bond
Represented a German supplier of metal facades in a dispute against a Polish construction company revolving around claims arising out of a construction contract
Represented a German real estate developer in a dispute brought before the German state courts against an interior designer revolving around claims for delay in delivery of the project
Represented a German supplier of building materials in statutory adjudication proceedings against an English employer under the UK Housing Grants, Construction and Regeneration Act 1996
Represented a German architect in a dispute against a German counterparty, revolving around claims for outstanding payments and claims for remedying defects
BODENHEIMER Representative Matters as Arbitrators
Acted as Sole Arbitrator in a DIAC arbitration between a Qatari subsidiary against two subsidiaries one Qatari and one Spanish revolving around claims arising out of a construction contract connected to an infrastructure project, with Qatari Law as the governing law and Dubai as the place of the arbitration (Dr Rouven F. Bodenheimer)
Acted as Sole Arbitrator in a DIAC arbitration between two United Arab Emirates parties, a manufacturer and a construction firm, revolving around claims arising out of a construction contract connected to an infrastructure project, with United Arab Emirates Law as the governing law and Dubai as the place of the arbitration (Dr Rouven F. Bodenheimer)
Acted as Presiding Arbitrator in a DIAC arbitration between two United Arab Emirates parties, a businessman and a developer of construction projects revolving around construction claims, with United Arab Emirates Law as the governing law and Dubai as the place of the arbitration (Dr Rouven F. Bodenheimer)
Acted as Co-Arbitrator in an ICC arbitration between a Cyprus member of a group of construction companies against an Italian manufacturer, with claims arising out of a construction contract, with CISG, Italian and Swiss Law as the governing laws and Zurich as the place of the arbitration (Axel Benjamin Herzberg)
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