Dispute Resolution and Expert Witness

LBA’s expert witness and litigation support services are used to advise our client’s legal team on all matters of construction and concession claims.


Expert Witness LBA

Dispute Resolution Specialists

We have wide experience in formal Dispute Resolution procedures such as Arbitration and Adjudication, and in the less formal but more commercial approaches of negotiation, mediation and conciliation.

It is not always possible for the parties to reach agreement. The contract usually makes provision for this and usually sets out the means by which differences are to be resolved.

Parties should not automatically assume that disputes can only be settled by the courts, there are several available processes. By effectively employing alternative routes the need for formal legal proceedings can be avoided, thus saving time and money.

Representing Clients’ Interests

We can represent your interests in either pursuing or defending dispute matters and if full legal proceedings are required we are able to act as Expert Witness and assist with:

  • The preparation of contractually and technically based correspondence and claim narratives to set out a case for a fair and reasonable settlement.
  • The overseeing of adjudication proceedings on behalf of a client involved in construction disputes.
  • The preparation for, and negotiation of, complex final accounts.
  • The preparation of the quantum for referrals, statements of case, and other construction dispute processes.

Our expert witness and litigation support services provide the knowledge, experience and expertise to advise our client’s legal team on all matters of construction and concession claims.

Our team relies heavily upon its reputation and benefits from frequent repeat business throughout this field.

Expert Witness Services

In addition to the strengths related to our technical and construction management skills, LBA also has considerable specialised experience in dealing with situations involving adjudication and expert determination.

LBA established Commercial Team undertakes:

  • The preparation of contractually and technically based correspondence and claim narratives to set out a case for a fair and reasonable settlement.
  • The overseeing of adjudication proceedings on behalf of a client involved in construction disputes.
  • The preparation of the quantum for referrals, statements of case, and other construction dispute processes.
Ground Conditions Specialist Icon

Ground Conditions Specialists

LBA geotechnical staff specialise in ground conditions disputes in underground construction projects. They have been involved in resolving ground conditions disputes before they become contractual, in the preparation of independent technical reports on the ground conditions and relating TBM production to ground conditions. LBA staff have provided this service on some of the largest ground conditions claims including the Channel Tunnel and Brighton Stormwater Project.

LBA Experts on ground conditions

Insurance Compliance

In September 2003, a new initiative was launched by the Association of British Insurers (ABI) and the BTS in an attempt to combat the increasing trend of claims arising out of major tunnelling incidents. A working group comprising representatives of the UK tunnelling industry and construction underwriters from leading insurers and reinsurers were responsible for the preparation of a Joint Code of Practice for the management of risk on underground projects. The purpose of the “Code of Practice for Risk Management of Tunnel Works” was to create a set of rules which was acceptable to all parties involved in the planning, procurement, design and construction process and which addressed the systematic identification, assessment, allocation, and handling of risks involved.

Optimal Tunnel Risk Management

The application of the Joint Code, in the form of an endorsement, has now become an integral part of construction insurance policies for many tunnel projects worldwide, and contributes towards optimum risk management for all phases of a tunnel project.

The introduction of the code is seen by many as an important milestone in the improvement of risk management standards of tunnelling risks and thus contributes to them being made insurable on a profitable basis. An international version has been developed supported by the International Tunnelling Association (ITA). It is in general use for major tunnelling projects across the world, but compliance reviews are sensible to ensure that the approach is being followed.

LBA have been employed on several major projects working on behalf of the project insurers to confirm insurance compliance. We typically undertake specialist risk coordinator roles to ensure that risks are properly managed by the insured parties. These roles include the following:

  • Design compliance
  • Construction compliance
  • Fire safety compliance
  • Programme overview