Resolving Construction Disputes

Early Neutral Evaluation

What is early neutral evaluation?

Early Neutral Evaluation is a tool which aids the expeditious and early resolution of legal disputes. At its simplest, Early Neutral Evaluation is offered by Clarke Willmott as a process where a neutral third party (a specialist construction solicitor with relevant expertise), is appointed by the parties to analyse the facts, evidence, and legal merits of the dispute and to give his/her non-binding evaluation.

The parties gain an indication of the possible outcome of the dispute without the costs, management time and risks associated with more formal dispute resolution procedures.

Parties to a legal dispute are now encouraged by the courts to look at alternative ways of resolving their disputes and early neutral evaluation is emerging as an increasingly favoured and valuable alternative to litigation, adjudication or arbitration.

What are the benefits of early neutral evaluation?

In the hands of one of our experienced construction solicitors, early neutral evaluation can save time and be a more economical way of resolving disputes, giving the parties an unbiased view of how 'the chips may fall' if it proceeds to the decision of a court, adjudicator or arbitrator. Other benefits include:

• the parties decide the terms of our evaluator's role - if they only want the evaluator to give an opinion on one aspect of a dispute, they are free to instruct him/her to do so;
• opinions are usually confidential to the parties;
• and opinions can be given at an early stage of the dispute - so the parties can get an unbiased view on merits before spending substantial sums on legal fees.

How can Clarke Willmott help?

The Construction Team at Clarke Willmott LLP boasts two partners - Stephen Clarke and Robin Gupta, who are nationally recognised experts in construction law and who have extensive experience in resolving construction disputes - who would be happy to discuss your options with regards to early neutral evaluation.

Your experts

Stephen Clarke, Head of Construction, Partner T: 0845 209 1303  M: 07876 740 864 E: stephen.clarke@clarkewillmott.com "Has particular expertise in adjudication, mediation and professional negligence concerning construction professionals" [Legal 500]

Stephen has expertise in advising on all stages of construction projects: contractual drafting, procurement and development stage advice, "firefighting" disputes during construction, and resolving disputes through litigation, arbitration and mediation and early neutral evaluation. Stephen is recognised as an expert by the Legal Experts Directory and heads up the construction team.

Stephen also sits on the National Executive of the Adjudication Society, has contributed to construction texts, journals, published numerous construction specialist articles and recently been interviewed on television for his views on the construction industry.

Robin Gupta, Partner T: 0845 209 1302  M: 07812 585 914 E: robin.gupta@clarkewillmott.com "Got us a great and right result - well done for the effort made in getting us here" [National Contractor]

As well as being a solicitor specialised in construction law, Robin is both a Chartered Engineer and Adjudicator - bringing to his role as early neutral evaluator his advice on how he would reach a determination as an adjudicator and the additional technical expertise of an engineer.

He is also a Member of the Institute of Arbitrators - not to mention over 35 years "hands on" experience within the construction industry, having spent 25 years working for a national contractor.

Robin specialises in all aspects of construction law including adjudication, arbitration, mediation, conciliation, litigation and dispute resolution - and would be happy to discuss parties' options to include early neutral evaluation. Unsurprisingly, Robin is recognised as a leader in the construction field by the Chambers legal directory and regularly gives training and bespoke in house lectures.

We look forward to hearing from you