Wednesday, October 7, 2009

'No win, no fee' service launched for construction disputes

Law firm DWF has launched a 'no win, no fee' service for construction firms involved with legal disputes.

The service, normally associated with personal injury claims, is thought to be the first of its kind in the construction industry.

DWF's litigation specialists will act on a no win, no fee basis to recover money outstanding as a result of an adjudicator’s decision.

Clients have nothing to pay if they lose their case, and are also protected against the risk of having to pay opponents’ legal fees through the use of legal insurance. There is no down payment and the premium is deferred and recovered from the other party.

Steven Bate, construction partner with DWF, said: “Even if you succeed in getting an adjudicator’s decision against your opponent, you may still have to take action to ensure they pay. This new service puts you in a very strong negotiating position as opponents quickly realise that you have no fear of paying costs.

“In a recent case on behalf of a sub-contractor, the opponent recognised that it was fighting a losing battle and paid up, even though it had said it was going to challenge the enforcement of the decision.”

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