Construction Disputes

Our commercial disputes lawyers are experts in helping clients resolve construction disputes. We represent clients in every area of the construction industry, from developers and large-scale construction companies to specialist trades and materials suppliers, helping them to resolve disputes quickly and effectively.

Our specialists know the construction industry and understand that construction disputes are a both common and highly disruptive, affecting organisations large and small and threatening revenues and profitability when they cause knock-on problems.

Construction disputes can arise for a variety of reasons, including:

• Breach of contract
• Delay
• Defects
• Negligence
• Insolvency

They can also be extremely complex, requiring expertise in multiple areas of law including contract, employment, real estate and professional negligence. We have extensive experience in dealing with all of the issues and helping clients to protect their interests and reputation.

If you are involved in a construction dispute, it is important to seek legal advice as soon as possible. Our experienced team will help you understand your rights and your options, including alternative dispute resolution approaches (see below) so that you can make informed decisions in line with your business priorities.

Our construction dispute experts work with businesses throughout the South West and beyond. Whatever the dispute, we will ensure that your interests are robustly represented so that you have the best possible chance of a successful outcome.

We deal with construction disputes over a wide range of issues, including:

• Pre-action conduct protocols
• Housing Grants Construction and Regeneration Act 1996 (‘The Construction Act’)
• Defects
• Payment
• Variations
• Delay and disruption
• Termination and suspension
• Damages and exclusions
• Insolvency
• JCT contracts
• Collateral warranties and third-party rights
• Contracts (Rights of Third Parties) Act 1999
• Assignment and novation
• Adjudication
• Adjudication enforcement and challenges
• Joint ventures
• Property due diligence

Construction dispute approaches

In many construction disputes, an alternative dispute resolution (ADR) method such as mediation, expert determination or arbitration, may be the best approach. Our team is highly skilled in all forms of ADR and has used these methods to achieve positive outcomes for clients across a range of disputes and sectors.

However, inevitably, some cases will require court proceedings and when they do, our commercial litigators have the skills and experience to be as robust and aggressive as is required to achieve the best outcomes for your business. Our team has a track record of success in handling complex cases, and we have been involved in notable cases reported in law reports, including disputes involving fiduciary duties and successful costs appeals.