Welby, Brady & Greenblatt, LLP’s Post

We're pleased this client was happy with our Expert Report service 🙌🏻 We provide premier construction Expert Witness services, including production of CPR35 reports, to support and strengthen your legal arguments in your construction dispute whether in court arbitration or adjudication proceedings. 📞 Are you in need of an Expert Report? Call us on 01733 233737 for a free initial consultation. #ConstructionUK #ConstructionLaw #ExpertReport

Join us in celebrating Senior Partner Shelly Ewald from our Washington, DC office for her recognition by Chambers and Partners as a top construction attorney in 2024! 👏 Learn more about Shelly and her practice: https://lnkd.in/eS8HrX-T #constructionlaw #constructionlawyer #Chambers #disputeresolution #commerciallitigation #governmentcontracts #internationalconstruction #InternationalConstructionLawyer #InternationalArbitration #arbitration

Although people may have heard of the term adjudication, often they don’t know what it means or what it is. This post by 43Legal provides a short overview of what adjudication is and how it differs from say litigation or arbitration. It’s worthwhile knowing the different methods available for resolving disputes, especially if you include a provision within your commercial agreements as regards how disputes are to be dealt with. Also if you are unfortunate to encounter a dispute, knowing the options of how to resolve matters, and which option works best for you, can help to bring about a timely and cost efficient resolution. It’s not always the case that the best way to deal with a dispute is to pursue a claim through the courts. #sme #legal #help

What’s Adjudication? Adjudication is a form of dispute resolution and probably the best way to describe it, is that it’s a quick method of getting a provisional interim decision. It’s binding until a final decision is made by way of arbitratior, judge or agreement. It’s mainly used in the construction industry. The adjudication process can also remain confidential unlike Court proceedings, which are made public. Although, the adjudicator’s decision generally does not remain confidential unless a confidentiality agreement is entered into. Adjudication is a fairly quick process. Some may say that it’s not as in-keeping with natural justice as other types of dispute resolution in that the main priority, is to reach a decision in a short period of time and so the rules of natural justice are secondary to that requirement. However, by getting an adjudicators decision can help facilitate an agreement and so can result in a quicker resolution. Also the costs involved in adjudication are usually less than say for example, litigation. #business #law #solicitor

Cecily Crampin and Edward Blakeney have contributed to a book of articles by The Party Wall Collective. Their article is titled “When concrete overspill spills over into litigation”.    The Party Wall etc Act 1996 (“the Act”) provides a self-contained code for dealing with Party Wall disputes. The Act, which runs to some twenty-two sections, has proved to be a succinct and effective piece of legislation at resolving disputes before they even reach the stage of litigation.   Inevitably, some cases do end up in Court and can be fought over a variety of matters. Cecily and Edward were recently opposing counsel in one such case involving concrete overspill, and this required a closer look at the nature of concrete overspill, its legal status, parties’ remedies where concrete overspill is encountered, and the practical considerations for those on either side of such a dispute. Once the case had concluded, they thought it was high time for an article on this deceptively beguiling topic.   You can access the book here: https://lnkd.in/edsWeWpE #FalconChambers #PropertyBarristers #PropertyLaw #PartyWalls

One clause that is often overlooked as boilerplate when negotiating a construction contract is the arbitration or, more broadly, ADR (alternative dispute resolution) clause. There are definite benefits of using arbitration over litigation: a more streamlined procedure, typically lower cost, a faster resolution (particularly when some courts are still digging out from the covid backlog), and a more informed decision maker (typically a construction lawyer, an engineer or architect, or a construction manager). There are also negatives about agreeing to arbitration, such as the limited remedies if you believe that you are aggrieved by the decision... Read more about how the Court Holds That Vague Arbitration Clause Is Still Sufficient To Compel Parties To Arbitrate in this month's Attorneys' Column by Thomas H. Welby. P.E., Esq. and Gregory Spaun. https://lnkd.in/epw9eesw #arbitration #constructionlaw #contractclauses #contractlaw

📢 Legal Update: Boundary Fence Disputes and Jurisdiction 🤺⚖️ The recent legal precedents, such as Levy v. Stoller (2009) and Yuan v. Matsuura (2022), reinforce that the Line Fence Act, RSO 1990, c. L.17, governs disputes over boundary fences. In these cases, the courts highlighted that the Small Claims Court may lack jurisdiction in apportioning costs respecting boundary line fences and settling such matters. Under the LFA, Section 3 provides for the construction and maintenance of boundary fences, while Section 4 specifies the role of a "fence-viewer," who arbitrates these disputes after being appointed by the local municipality (e.g., the City of Windsor). If you're dealing with a boundary fence issue, ensure you follow the statutory process by involving your local municipality's clerk. Arbitration through fence-viewers is the appropriate route to resolve disputes before involving the courts and ill advisedly wasting your resources by pursuing same through the courts. Stay informed and ensure you're on the right path in any property disputes! Feel free to contact us at Rasouli Law should you face any similar issues and require legal expertise. #BoundaryFences #LineFenceAct #Jurisdiction

Director Jonathan Lonergan recently advised in a rights of light case where a neighbour was unsuccessful in their application for an interim injunction. This could have halted our client's housing development and the outcome has potential repercussions on how rights of light negotiations are conducted. eb7 ltd worked closely with Hill Dickinson LLP and Tom Weekes KC. The article below from Kevin Lee and Janine Cheema provides more detail. #rightsoflight #property #surveying

CONSTRUCTION LITIGATION | The recent ruling in Plunkett v Portier, indicates that complex construction legal cases are increasingly being transferred from the tribunal to the County or Supreme Courts. Partner Natasha Stojanovich and lawyer Tamara Gugger explain the implications for parties involved in complex construction disputes. https://lnkd.in/gYwCQWwW #construction #disputes

Are you aware that surveyors can occasionally serve as expert witnesses? This becomes particularly valuable when specialised expertise and experience are necessary to comprehend intricate matters. These expert reports are prepared independently for utilisation in legal proceedings, including courts, tribunals, arbitrations, and other forms of dispute resolution. If you require assistance with any concerns, we encourage you to reach out to Leo Horsfield today. #expertwitness #courtoflaw #leohorsfield #leohorsfieldsurveying #buildingsurvey #homebuyersreport #structuralengineer #buildingdesign #charteredsurveyors #structuralinspection #structuraldesign #buildingregulation #construction