This summer, the dispute between Brookfield Construction (formerly Multiplex Construction) and Mott MacDonald ( EWHC 659 (TCC)) finally settled. Multiplex was the main contractor and Mott McDonald the engineer on the construction of the new Wembley stadium.
During the Technology and Construction Court (TCC) proceedings, Mr Justice Coulson had suggested that the parties should explore ADR, in particular mediation, as he considered that the claim was suitable for resolution in this manner. In particular, he noted that mediation should be undertaken "sooner rather than later". Coulson J also warned that his perception of the parties' willingness to participate in ADR would form an important part of his deliberations on the costs orders that he would make in due course. It seems the parties heeded these warnings, settling all claims and discontinuing all further proceedings.