Most construction disputes do not begin in adjudication. They begin much earlier, with a disagreement over a delay, a variation, a payment, or a contractual entitlement that has not been fully worked through. Our DRS Director, Colin Barton, explains why.
That early stage is where the outcome is usually decided. Understanding the strength of your position before you commit time, cost and goodwill to a formal process gives you a real commercial advantage, whether you are negotiating with an employer, a subcontractor, or preparing to make a decision at board level.
That is what our Position Papers are designed to give you: clarity, early, so you can act from a position of confidence rather than react under pressure.
What a Position Paper Gives You
We review the relevant contract documents, correspondence and project records, then produce a clear, commercially focused paper that sets out:
- Your contractual position, explained in plain terms
- Your potential entitlement
- Any procedural requirements that could affect your claim
- Relevant industry precedent, where it strengthens your case
- The strengths and weaknesses of your position, honestly assessed
- Practical recommendations for what to do next
The result is a concise, easy-to-follow document that gives you a robust foundation for whatever comes next, whether that is a negotiation, a board decision, or formal proceedings.
Where This Applies
Position Papers work for both sides of a dispute and across the full range of contractual and commercial issues, including:
- Extensions of time
- Loss and expense claims
- Variations and change management
- Payment disputes
- Final account disagreements
- Defect liability
- Contractual notices
- Contractor and employer entitlement
A Practical Tool for Commercial Negotiations
Clients use our Position Papers to support meetings with employers over withheld payment, negotiate directly with subcontractors, resolve issues before they reach adjudication, and give directors the confidence to make commercial decisions backed by a well-reasoned contractual position.
Interpreting a contract and researching supporting precedent takes time most project teams don’t have. We do that work for you and hand back a document you can act on straight away, written in plain English.
Position Papers are offered on a fixed lump sum basis, so you have certainty over cost from the outset.
If Matters Progress
Should a dispute move beyond the early stage, we can continue to support you through:
- Without prejudice negotiations
- Contractual correspondence
- Position statements
- Adjudication preparation
- Full adjudication representation
Get in Touch
If you’re facing a contractual disagreement and want to understand where you stand before it escalates, talk to the DRS team early