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MJD Solicitors

Construction Disputes

Home » Construction Disputes

20+ years experience of Construction Disputes

Have you been looking for construction disputes & litigation solicitors to take on your case? Then your search could almost be over. Welcome to MJD Solicitors, your trusted partners in all cases relating to construction disputes. With a wealth of experience to draw upon and an ironclad commitment to going above and beyond for our clients, we have made a name for ourselves as one of the premier experts in our field.

About Us

Our Principal, Matthew Dillon, worked for FTSE 250 contractors as an in-house lawyer for a decade before setting up MJD Solicitors. This allowed him to gain invaluable experience that was able to carry over into MJD Solicitors.

Matthew commenced trading in 2010, after becoming convinced that there was a gap in the market for his vast experience and specialist knowledge. That judgement proved to be an astute one, and Matthew now boasts a varied client base ranging from the smallest of subcontractors to contractors with turnovers in excess of £100 million.

Matthew is a member of the CIArb (Chartered Institute of Arbitrators) Society for Construction Law, the Adjudication Society and TECSA (Technology and Construction Solicitors Association). This, coupled with his extensive experience, marks him out as a real specialist in his field.

Matthew is familiar with the major standard form building contracts and has extensive experience with the disputes and claims that bedevil the construction sector. You really couldn’t be in safer hands if you choose to entrust your case to him.

All construction litigation is undertaken solely by Matthew, who has vast experience in both contentious and non-contentious aspects of Construction Law.

MJD Solicitors frequently work opposite city law firms that engage multiple fee-earners at great expense to their client. Considering that we come out on top in a large number of these disputes proves that you don’t need a huge team to handle your case at astronomical fees. Instead, you just need a real expert with a combination of experience, innovative strategies, thinking, and value for money. This can only be found at MJD Solicitors.

Claims

We have over 20 years’ experience of working with the construction industry and fully understand the commercial pressures placed upon contractors and clients. Over those two decades, we have seen firsthand how the industry has grown and evolved, and this experience allows us to anticipate client needs and draw upon expertise gained on past cases. Having a good grasp of the law is not enough. From the outset, it is vital that the commercial objectives of our clients are understood. Matthew’s experience will provide your business with one of the best chances of success whether pre-action, whether that is in litigation, adjudication, or an alternative form of dispute resolution.

Almost always, our clients achieve positive results quickly and without incurring undue expense. This is something that we are very passionate about, as we strive to deliver great value for money at every stage. We believe that outstanding legal assistance shouldn’t be out of reach for businesses, which is why our rates have remained highly competitive over the years. This commitment to our clients has made us one of the most highly regarded construction disputes solicitors in the industry.

MJD Solicitors have considerable experience with:

  • Claims for Payment – interim applications, final applications, final account disputes
  • Suspension of Works – for non-payment of interim applications
  • Smash & Grab Adjudications – acting for the Referring and Responding Party
  • Interim Valuations – Pay Less Notices, Default Payment Notices, Valuations
  • Set Off, Abatement & Cross Claims – including validity of Pay Less Notices & withholding payment
  • Extensions of Time – EOT claims, expert delay analysis, failures to comply with conditions precedent
  • Liquidated Damages – recovering withheld LADs and arguing LADs invalid as penalty/uncertainty
  • Final Account Valuations – disputed variations, measurements, EOT, defects remediation, retentions
  • Changes – claiming for instructed changes, unforeseen ground conditions, provisional sum claims
  • Letters of Intent – claiming monies due following termination of works/no contract disputes
  • Loss & Expense – claiming and defending, in contract and as damages
  • Defects – both pursuing claims for defective works and defending such claims
  • Breach of Contract – claims for loss & expenses, damages & specific performance
  • Nuisance – including claims concerning pollution and asbestos
  • Retention Disputes – both claiming and defending outstanding retentions
  • Professional Negligence – claims against consultants & solicitors for negligent advice
  • Termination – advising employers how to terminate & claiming damages for wrongful termination
  • Loss of Profit – claiming upon works being terminated, both expectation & reliance-based damages
  • Insurance Disputes – overturning insurer’s refusal to indemnify on grounds of alleged admission
  • Interpretation – advising when it is necessary to construe a contract due to ambiguity
  • Misrepresentation – advising on claims following inaccurate contract documents
  • Insolvency – defending & pursuing claims under the Insolvency Act; defending Liquidator claims
  • Mistake and Rectification – advising on rights and defending claims
  • Instructing Experts – to act as expert witness in disputes & to act in expert determination
  • Facilities Management Disputes – both standalone contracts and as part of the PFI
  • Staying Proceedings – we make applications for a stay where the Claimant ignores an Arbitration or Adjudication clause in a contract
  • Adjudication Enforcement – We have undertaken numerous Adjudication Enforcement actions, acting at different times for Claimants and Defendants. Usually, cases are settled before the summary judgment hearing. However, we have experience taking the enforcement to summary judgment.

 

MJD Solicitors often resolve differences without formal recourse to Dispute Resolution. However, where formal dispute resolution is required, Matthew’s experience, knowledge and strategies will provide your business with excellent prospects of success in litigation, or an alternative form of dispute resolution.

Matthew’s experience enables MJD Solicitors to undertake most of the work in-house. Many law firms, particularly full-service firms (those which undertake a wide spectrum of legal services) or those engaging junior lawyers, make excessive use of counsel. MJD does not duplicate work by the premature or unnecessary use of barristers. The use of specialised and high-skilled counsel is the exception rather than the rule.

Litigation & ADR

We undertake litigation in both the County Court and the High Court.

Alongside litigation, MJD Solicitors are specialists at securing results for our clients using the alternative methods of dispute resolution found in the construction industry. Matthew Dillon has worked on disputes with values ranging from £15,000 to £4 million.

We have particular expertise with adjudication, succeeding in virtually every dispute we work on.

Get in Touch

To find out more about MJD Solicitors and how we could help with your case, please do get in touch today. You’ll receive a warm welcome from our team, and we will give you all the information you need to proceed with absolute confidence. You’ll soon see why we are the construction litigation solicitors of choice for so many in the construction sector.

FAQ’s

Our biggest selling point is our founder’s 20 years of experience as a legal advisor and solicitor. This wealth of expertise sets us apart and equips us to handle even the most challenging cases with care and discretion. Being able to draw on these two decades of experience and apply our knowledge to each new case gives our clients a unique advantage.

We are also proud to provide our top-notch services at some of the most competitive rates you’ll find. Our commitment to making high-quality legal representation accessible to our clients underscores our dedication to their satisfaction. When you choose us, you get a winning combination of experience, discretion, and affordability.

MJD Solicitors specialises in handling a wide range of construction disputes, including but not limited to issues related to: contract disputes, claims, delays, and defects. With our 20 years of experience, we have a proven track record of successfully resolving these disputes. We approach each case with the utmost care, ensuring that our clients’ interests are protected.

Our team’s expertise in the construction industry enables us to navigate even the most complex and challenging cases efficiently. No matter the finer details of your case, we are here to provide tailored legal solutions to meet your specific needs.

We are committed to providing our clients with exceptional legal services while maintaining competitive rates. Our ability to do so is a result of Matthew Dillon’s wealth of experience, which allows us to streamline processes and efficiently handle cases. This efficiency then translates into cost savings for our clients.

Furthermore, our commitment to discretion means we avoid unnecessary expenses while providing thorough, effective representation. We believe that access to quality legal support in the construction industry should be affordable. At MJD Solicitors, we’ve made this a reality, offering a unique blend of experience, affordability, and client-focused service to all clients who choose us.

MJD Solicitors have represented both Referring Parties and Respondents in innumerable adjudications since July 2010, ranging from simple “smash and grab” adjudications to sophisticated lost-profit cases. Matthew Dillon has personally been active in Construction Adjudication since 2000, when he began working as an in-house counsel for Jarvis plc.

Adjudication is a shorter, simpler process than litigation, with clients able to secure an enforceable decision in a matter of weeks. These awards are binding, but losing parties do not always pay immediately. MJD Solicitors therefore also has experience at enforcing adjudications in the High Court (TCC), using cost-effective strategies, ensuring that our clients are paid what they are owed whilst getting value for money. 

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MJD Solicitors has represented a variety of Claimants and Defendants in mediations. We have participated in multi-party complex mediations, in which opponents have been represented by top flight law firms and the mediator has been a King’s Counsel barrister. We have used the mediation process to help our clients achieve outcomes that have far exceeded their expectations.

Mediation is actively encouraged by the Courts and an unreasonable refusal to mediate can result in an adverse costs order being made against a party. If the right people are in a room and there is a genuine desire to settle a difference, then it is not uncommon for insurmountable obstacles to be overcome and a settlement to be achieved. Matthew Dillon will guide you through every step of a mediation, ensuring the best result for you and your business.

It is vital that we at MJD Solicitors have experience in arbitration, and are able to guide our clients through the process. We have conducted successful, complex arbitrations where opposing parties were represented by city law firms. 

Arbitration remains a popular forum for resolving disputes where a degree of confidentiality is required or where it is considered beneficial for the Arbiter to have technical expertise. It remains common practice for construction contracts to provide that disputes must be resolved by way of arbitration as opposed to litigation.

 

Expert determination can provide a fast and cost-effective means of determining technical issues where there are no substantial disputes of fact. It is particularly useful when the parties require a specialist view on a subject matter and are prepared to be bound by the decision of the Expert. 

Expert determination is also beneficial where parties wish to maintain an on-going commercial relationship, which can unfortunately often be soured during litigation or arbitration.

MJD Solicitors | Matthew Dillon

Matthew Dillon

Construction Disputes Highlights

 
  • Secured payment of interim valuations in countless adjudications.
  • Overturned declinature of insurance (within arbitration) relating to flood on construction project. Subsequently, insurers offered full indemnity to our main-contractor client
  • Resolved insurance dispute with King’s Counsel acting as expert determinator. The outcome far exceeded the advice we obtained from counsel, which we advised client to be sceptical of. 
  • Settled multi-party dispute on favourable terms for our main-contractor client at mediation, following pollution on a construction project.
  • Secured favourable terms on several disputed interim and final accounts through litigation, adjudication and negotiation.
  • Conducted multiple successful TCC Adjudication Enforcement proceedings. For example, see reported case of Bilton & Johnson (Building) Co Limited v Three Rivers Property Developments Limited [2022] EWHC 53 (TCC).  
  • Successfully represented Main Contractor in High Court (TCC) litigation, resisting c.£1m claim in respect of alleged defects in hotel swimming pool. The action was settled for a nominal figure inclusive of costs prior to trial.
  • Advised on successful arbitration relating to the payment of retention monies which were being held in an offshore bank account. This was a highly complex matter, involving issues spanning jurisdictions, force majeure clauses and the Covid-19 pandemic.