Construction disputes

Our highly experienced construction lawyers use their considerable knowledge of the construction sector and modern dispute resolution methods to resolve construction disputes cost effectively and at an early stage.  As true specialists, we recognise why construction disputes arise, and how to most effectively go about resolving them.

We deal with all stages of construction disputes from initial advisory work and input on ongoing commercial negotiations on live projects through to matters requiring escalation to adjudication, court proceedings in the High Court’s Technology & Construction Court (TCC) or arbitration.

We deal with disputes concerning allegations of defective works, disputed valuations / final account, interim payment disputes, non-payment, extensions of time, loss and expense, termination, suspension and  insolvency issues, and professional negligence claims for negligent design and claims against insurers.

We also deal with claims arising in relation to obligations owed under the Building Safety Act and in connection with the Procurement Act.

We have considerable experience in devising and implementing effective strategies to resolve disputes at an early stage, making effective use of the Pre Action Protocol for Construction & Engineering Disputes, and regularly resolve complex disputes by way of negotiation or mediation. We are also experienced in utilising other Alternative Dispute Resolution (ADR) methods such as expert determination where appropriate, particularly to resolve or narrow the issues in dispute in valuation or delay related disputes.

As well as being an experienced negotiators, our specialists represent parties in adjudications and claims in the TCC, where they have particular experience in dealing with adjudication enforcement matters, multi-party claims, claims involving insolvency issues, complex professional negligence claims arising from design failings, and claims against insurers.

Where formal legal processes are required, we minimise the disruption, ensure their cost-effectiveness and get you the best commercial result.

The vast majority of construction disputes can be resolved at an early stage without recourse to formal legal processes. But only if they’re tackled before they have escalated or had a knock-on effect on other aspects of the project.   We regularly resolve disputes  by negotiation to prevent relationships deteriorating and costs escalating, recognising the importance of getting the project to a  successful conclusion and preserving commercially critical relationships and marketplace reputation.

Where appropriate, we work closely with our network of leading experts on liability / technical issues, delay analysts, quantum experts and leading construction barristers in order to put together a formidable team to suit your dispute.

Our construction dispute resolution services include:

• Acting on disputes concerning defective works, design issues, disputed valuations / final account, interim payment disputes, non-payment, extensions of time, loss and expense, termination, suspension and insolvency issues
• Settlement of the vast majority of matters at an early stage through effective use of the Pre Action Protocol for Construction & Engineering Disputes negotiations, settlement meetings, mediation, and expert determination (Alternative Dispute Resolution)
• Settlements involving substantial re-negotiation of live construction contracts and/or in bringing projects to a point where there can be an orderly handover to a replacement contractor
• Adjudication – bringing or defending “smash and grab” interim payment disputes, final account disputes, substantive disputes, serial adjudications, and adjudication enforcement proceedings in the TCC.
• Claims in the Technology & Construction Court, with considerable experience in multi-party construction disputes involving insolvency issues, complex professional negligence claims arising from design failings, and claims against insurers
• Construction arbitrations.

When conversation turns into conflict, you need a legal team with the experience and expertise to protect your interests and achieve swift, commercially realistic results in the most cost efficient and risk free manner possible.

Clients ranging from individuals and entrepreneurs to corporations and multi-national organisations trust our commercial litigation lawyers, based in Kent, to deliver results for them in even the most complex of cases. We make it a point to get to know our clients, to understand their objectives thoroughly, provide clear advice and commercially minded recommendations in plain English, and to make ourselves available whenever and wherever our clients need us.

Our commercial litigation lawyers specialise in helping settle disputes using mediation, arbitration and other ADR approaches, but are equally skilled and experienced in fighting our clients’ corner in court where necessary. We can also offer risk management and litigation avoidance advice, to help stop issues developing into full disputes.