Construction Disputes

Adjudication is one of the legal processes of resolving disputes. It is widely used in construction. Adjudication is often appropriate for resolving claims relating to interim payments, delay and disruption of the works, extensions of time for completion of the works, and determination of the final account. Adjudication can sometimes be used in complex claims relating to breach of contract, termination of a contract, professional negligence, etc. Our firm assists the participants in construction and engineering projects in adjudication process. Our services include drafting and serving the notice of adjudication, drafting and serving the referral notice, responding to the referral notice, meetings with the adjudicator, receiving an adjudicator's decision, and enforcing or challenging the adjudicator's decision.

If the parties agree to use arbitration as a dispute settlement mechanism, we provide services at every stage of arbitration. Our services include drafting arbitration agreement and interpreting already drafted or agreed arbitration agreement; assisting in the process of appointment of arbitrators; assisting in the process of commencement of the arbitration by determining all procedural and evidential matters; assisting in the hearing process; assisting in the process of challenging the award; assisting in the process of enforcing the award; and providing expert opinion on Tanzanian law matters to pending arbitrations in foreign countries.

If the parties have to resort to litigation, we assist and advice on litigation process. We also assist where a successful party in adjudication/arbitration decides to apply to the High Court to enforce an adjudicator/arbitrator’s decision or where the unsuccessful party decides to challenge the enforcement of an adjudicator/arbitrator’s decision.