The Current Landscape For Construction Disputes

Following the Wembley Stadium litigation, in this article we examine the current trends in dispute resolution and consider the options available to construction professionals.

After £22 million in legal fees (including a £1 million photocopying bill!), two rounds of preliminary issues, two trips to the Court of Appeal, and finally a three month trial, Multiplex was awarded £6 million in damages in its dispute with Cleveland Bridge, the steelwork contractor for Wembley Stadium. With Multiplex being awarded only 20 per cent of its costs, as Mr Justice Jackson observed, the result of the litigation is that neither party has gained any significant financial benefit.

Does the Multiplex dispute represent a return to the old days of "trench warfare" litigation for the construction industry, or was it a one off? We examine the trends in dispute resolution below.