Dispute Resolution

Construction disputes demand expert management by knowledgeable construction professionals who have the true understanding to reach swift and effective resolutions. Marcus Cato leads McCombs international dispute resolution department which provides comprehensive services to blue chip clients and subcontractors alike, in complex technical cases in construction, pharmaceuticals, manufacturing, medical / NHS and infrastructure. 

We understand the true cost of disputes to businesses. Our focus is on protecting our clients businesses commercially and we place resolution firmly above fee earning. 

We are skilled dispute managers, able to implement commercial strategies which minimise cost and maximise retur. We keep projects moving forward even in the deepest disputes. 

In the construction industry relationships are vital. Disputes need not destroy those relationships and we are as adept at achieving a practical deal as we are in formal proceedings.

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Our range of services

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    Mediation

    Marcus Cato is a certified mediator with over 10 years of construction mediation experience. 

    Mediation is by far the most powerful ADR tool in construction and Marcus has used this process to unlock difficult disputes which have thusfar defied resolution. We find the process particularly effective in main contractor and subcontractor disputes. 

    Highly cost effective and incredibly quick we believe mediation is often the perfect solution. 

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    Expert Witness

    Marcus Cato BEng, MSc, FCIArb, MICE, CEng is a Chartered Engineer and Fellow of the Chartered Institute of Arbitrators with 30 years of combined technical and commercial experience spanning civil, mechanical, electrical, and process engineering. He offers a rare dual perspective as both a seasoned engineer and commercial strategist, having worked as contractor, client, consultant, and expert, which gives him credibility across the supply chain. As an expert witness, he has delivered authoritative reports and testimony in international arbitrations and High Court proceedings on quantum, delay, contract administration and termination disputes ranging from $2m–$30m. His expertise in major contract forms include FIDIC, IChemE, NEC4, GCC, JBCC and JCT and his advisory roles to judicial bodies in the UK and Africa underline his authority in dispute resolution. With a strong track record of quantum disputes, managing counterclaims, and defending complex cross-border cases, he is uniquely positioned to provide balanced, forensic, and reliable expert evidence in high-value international disputes.

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    Party Representative

    McCombs are experts in the dispute field providing party representation for clients in arbitrations, adjudications, mediations, early neutral evaluations and expert witness. Our thorough knowledge of international construction law and contracts ensures that we provide the very best skilled representation for clients. 

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Meet Marcus

Marcus Cato is a Chartered Engineer and Fellow of the Chartered Institute of Arbitrators with nearly three decades of experience in international construction and engineering disputes. He combines deep technical knowledge with commercial acumen, having held senior roles as contractor, client, consultant, and expert. His career spans major civil, mechanical, electrical, and process projects across the UK, Europe, and Africa, where he has built a reputation for providing authoritative analysis in complex, high-value disputes. 

As an Expert Witness, Marcus has delivered evidence before arbitral tribunals and the High Court, preparing reports on quantum, delay, and termination disputes valued between $2m and $30m. He is recognised for his forensic approach and balanced testimony, drawing on extensive experience in contracting and claims management. His contract expertise covers the full suite of international and regional forms, including FIDIC, IChemE, NEC, JCT, JBCC, GCC, GC Works, MF1, and AIA, enabling him to navigate and interpret a wide range of legal and technical frameworks. 

Marcus is a Registered Arbitrator and Certified Mediator (CIArb), and is listed with the Kigali International Arbitration Centre (KIAC). He serves on the International Supervisory Board of the Organisation for Islamic Co-operation Arbitration Centre (OIC-AC) and is the Africa ADR Representative to the Standing International Forum of Commercial Courts (SIFoCC). These roles reflect his influence beyond individual disputes, contributing to the development of global standards in arbitration, mediation, and adjudication. 

In addition to his dispute resolution practice, Marcus advises governments, judicial offices, and industry bodies on policy and best practice for alternative dispute resolution. He has worked closely with the UK Judicial Office and the Rwandan Chief Justice to promote cross-border cooperation in commercial dispute resolution, including adjudication and mediation frameworks for East Africa. 

With his unique blend of technical authority, commercial strategy, and international recognition, Marcus is trusted by clients, tribunals, and courts alike. He offers clear, independent, and credible evidence in the resolution of construction and engineering disputes, while remaining committed to the highest professional standards. 

 FAQs

  • Arbitration is a formal process where an independent arbitrator makes a binding decision. Mediation is a voluntary process where a mediator helps parties negotiate their own solution. Adjudication is a faster statutory process designed specifically for construction disputes, typically reaching a decision within 28 days.

  • Timeframes vary depending on the method chosen and complexity of the case. Adjudication typically takes 28 days, mediation can often be completed in 1-2 days, while arbitration may take several months for complex cases.

  • While not always legally required, attempting mediation first is often beneficial as it's typically faster and more cost-effective. Many contracts include stepped dispute resolution clauses that encourage mediation before moving to more formal processes.

  • A good expert witness combines technical expertise with the ability to present complex information clearly and impartially. They need extensive industry experience, strong analytical skills, and the ability to withstand cross-examination.

  • We handle a wide range of construction disputes including payment issues, delay claims, defective work claims, variations disputes, and professional negligence matters. Our experience spans both domestic and international projects.

  • Yes, Marcus Cato is experienced in international dispute resolution and is registered with multiple international arbitration centres. We regularly handle cross-border disputes and understand the complexities of international construction contracts.

  • It's helpful to gather all relevant contract documents, correspondence, and project records. We can guide you through exactly what's needed during our initial consultation.