Construction Disputes

Our team can help resolve disputes related to construction contracts, which as well as being born of matters arising during the course of the contract affecting price and delivery (eg materials and labour inflation, shortage of labour and materials, changes in legislation) not contemplated or provided for by the contract can arise through the parties’ lack of understanding of industry-specific legislation placing limitations on their freedom to contract.

We are familiar with the requirement for compliant payment mechanisms under construction contracts and the right to have disputes determined by adjudication under the Housing Grants, Construction & Regeneration Act 1996 and can help deal with interruption to your cashflow caused by a party failing to make payment on time.

Often unanticipated events can arising during the carrying out of construction operations, which delay the completion of the project. We can assist with claims involving project delays, by assisting with the analysis of the cause or causes of the delays and identifying the party to whom risk for the delay has been allocated by the parties’ agreement and assessing any compensation due for the delay.

Frequently, quality becomes an issue. We are able to review the parties’ rights and responsibilities under their contract and help clients secure the appropriate remedies using the most appropriate means.

In addition to adjudication, the stock in trade of construction disputes, we are able to help clients choose the appropriate and most effective means of resolving their disputes. Whilst being advocates in the process our practitioners have a deep understanding and experience of all forms of ADR often derived from the fact that they themselves are mediators and arbitrators. As such they understand the efficacy of mediation as a means of unlocking and resolving disputes at a fraction of the cost of a hotly contested court case. We offer mediation and arbitration services to help resolve disputes without the need for litigation, saving time and money for all parties involved.

We find that many disputes arise because of non-compliant contract terms. As dispute resolvers we are able to turn our knowledge to ensuring that your construction contracts do not suffer from defects in drafting which could cause you to be at a disadvantage should a dispute arise and offer a review service accordingly.

Construction disputes refer to disagreements or conflicts that arise between parties involved in a construction project, such as contractors, subcontractors, owners, architects, or suppliers. These disputes can encompass various issues related to contracts, design, delays, defects, payment, changes, and more.

Construction disputes can stem from factors like unclear contract terms, design errors, scope changes, scheduling issues, unforeseen site conditions, payment disputes, and disagreements over project quality or performance.

Arbitration is a more formal process where parties present their case to a neutral arbitrator or panel. The arbitrator’s decision, known as an award, is legally binding and final, usually with limited options for appeal.