In The NewsStephen Morrison Provides Advice for Resolving Disputes in the Construction SectorPublished: 08/20/2010 Infrastructure and Construction partner Stephen Morrison is quoted in "Resolving Disputes in the Construction Sector," an article appearing in the September 2010 edition of Financier Worldwide. In the article, Stephen notes that the perseveration and collection of evidence is essential to obtaining a favourable outcome in court. Counsel can arrange for an independent dispute review by an expert consultant whose report can be protected under the umbrella of litigation privilege while it is still open and accessible. “By contrast, having work reviewed at a later date may involve significant ‘rip and tear’ costs and destructive testing that could have been avoided through early consultation,” says Mr Morrison. “An early neutral evaluation of a contract provision from legal counsel can also inform a party’s negotiating stance. If the position is weak, it may be prudent to negotiate the best possible outcome at an early stage and prevent the issue from festering and causing further ill-will between the parties.” He adds that parties to construction disputes often take legal or quasi-legal advice from the wrong sources, usually the project architect. Since many disputes will involve the interpretation of contract documents, which are usually produced beforehand by an architect, the architect may be inherently biased in providing an interpretation that will minimise or avoid liability, if there has been negligence in the production of the document in question. Stephen provides legal counsel to all participants in the real estate development and construction industries, including governmental agencies, hospitals and other health care providers. As a partner in the firm's Construction Law Group, Stephen is primarily involved in providing advice and advocacy, including litigation and other forms of dispute resolution, to the development industry. |