Integrating dispute resolution lawyers vital to successful projects

Major construction and infrastructure projects are complex undertakings, demanding legal expertise at every stage. As a result, early integration of front-end and project counsel delivers significant benefits, helping to manage robust contracts, effective risk allocation, and proactive management during the delivery phase.

However, the chain of advisory services is only truly complete when dispute resolution lawyers are linked into the project support team.

Read more:

• Projects go better when legal support is integrated
• Front-end lawyers critical to driving project success
• Why project counsel is critical to complex infrastructure project

A role beyond litigation

Dispute resolution lawyers were traditionally seen as “firefighters”, brought in when negotiations failed and formal proceedings became inevitable. Today, though, their role is far more nuanced and proactive. Modern dispute resolution specialists are strategic partners, engaged early to help shape project outcomes, protect entitlements, and avoid costly escalation.

Early involvement allows dispute resolution lawyers to work alongside front-end and project counsel, identifying potential flashpoints and advising on contract drafting, claims procedures, and dispute resolution mechanisms. Their experience in formal proceedings informs practical strategies for risk mitigation and dispute avoidance, ensuring that lessons learned from past disputes are embedded in new projects.

When formal disputes are unavoidable, dispute resolution lawyers can offer expert counsel on the particularities of the chosen forum of dispute resolution - be it court or arbitration - and assist with the selection of arbitrators and experts where necessary. They can guide clients through the complex procedure of formal proceedings, marshalling the evidence and law along the way. 

Key project contributions

• Proactive risk management – by analysing contract terms, project communications and emerging issues, dispute resolution lawyers help teams spot early warning signs and implement strategies to prevent disputes from crystallising.
• Evidence preservation and claims strategy – their expertise in document management, witness preparation and procedural compliance can help strengthen a client’s position, be it in negotiation or formal proceedings.
• Settlement, mediation, and formal proceedings – dispute resolution lawyers are skilled in alternative dispute resolution, including negotiation, mediation and adjudication. Their involvement can facilitate early settlement, saving time and resources. When formal proceedings are necessary, they manage the process efficiently - from selecting arbitrators and experts, to managing witnesses, drafting pleadings, and representing clients in hearings.
• Enforcement and post-award support: dispute resolution lawyers oversee enforcement, ensuring that outcomes are implemented and clients’ interests are protected, which is particularly important in cross-border projects where enforcement can be complex.

How integration works

The most effective legal support is delivered by teams that collaborate across disciplines.

Dispute resolution lawyers work alongside front-end and project counsel, sharing insights and strategies. This ensures lessons from previous disputes can inform contract drafting, while real-time advice from project counsel can help shape dispute resolution strategy.

Consider a scenario where a project faces a potential delay due to unforeseen circumstances. Early engagement of dispute resolution lawyers enables the team to assess contractual entitlements, preserve evidence and negotiate a resolution before the issue escalates.

This integrated approach minimises disruption, reduces the risks of costly delays and disputes, and maintains stakeholder confidence and the resilience of the project.

Integration in action

The benefits of integrated legal support are best illustrated through real-world experience.

On a recent major infrastructure project, our team was engaged as project counsel from the very outset. We worked alongside the contractor engaged through an EPC contract in a Middle Eastern jurisdiction from project kick-off, providing guidance on contract familiarisation, risk allocation, claims procedures, and risk management. As the project progressed, disputes inevitably arose - first in the form of technical disagreements requiring expert determination.

Because we had been embedded with the project team, we were able to support the contractor through the expert determination process with deep knowledge of the project’s history, documentation and strategic objectives. Our familiarity with the facts and relationships allowed us to present the contractor’s case clearly and persuasively, facilitating a resolution on key issues that aligned with the client’s interests.

When the dispute escalated to formal arbitration to resolve issues that could not be resolved during the expert determination stage, our continued involvement proved invaluable. Having “lived with the facts” for many years, we were able to draw on a comprehensive understanding of the project’s evolution, the parties’ interactions, and the underlying technical issues.

This continuity gave us a clear advantage in assisting with the selection of arbitrators and experts, preparing evidence, briefing witnesses, and developing a coherent narrative for the tribunal. The result was a more efficient and effective arbitration process, with the contractor’s position presented in a way that reflected the full context of the dispute.

This case demonstrates how integrated legal support - spanning project counsel, expert determination, and formal dispute resolution - can deliver superior outcomes. By maintaining continuity and deep engagement throughout the project lifecycle, legal teams can protect entitlements, manage risks, and achieve resolutions that serve the client’s long-term interests.

Completing the advisory chain

Dispute resolution lawyers are not just a last resort - they form an essential part of the advisory chain, contributing strategic value from project inception to completion. By embedding their unique expertise within integrated legal teams, businesses can navigate complexity, manage risk, and achieve successful project outcomes.

In today’s competitive environment, the case for integrated legal support is clear. Completing the chain with proactive dispute resolution lawyers ensures that projects are not only delivered, but delivered successfully.