Construction disputes

A construction dispute is a disagreement between two or more parties involved in a construction project. This could be between employees, contractors, sub-contractors, architects, engineers, surveyors, and the like. Construction disputes commonly arise when there are issues related to scope of work, quality of workmanship or materials used, payment terms and/or delivery timetables.

In the UK and other common law jurisdictions, the most common form of construction dispute resolution is through court proceedings or arbitration. In some instances, however, mediation may be used as an alternative resolution mechanism whereby the parties agree to have an independent third-party assess the situation and recommend a solution that is suitable for all parties. With mediation, the underlying aim is to reach an out-of-court settlement that satisfies both parties.

Construction disputes can also arise due to contractual breaches such as failure to perform according to agreed terms and conditions; non-payment of invoices; defective workmanship; incomplete works; claims for acceleration or delay damages; and lack of compliance with building codes and regulations. In such cases, it is important for all parties involved to understand their rights under relevant laws in order to ensure that fair decisions are made and any potential losses are minimized.

We access experienced legal counsel who can provide advice on risk management strategies during contract negotiations as well as assist with dispute resolution should a disagreement arise. Our specialized knowledge pertaining to contracts in the context of construction projects as well as relevant industry standards help negotiate outcomes that are beneficial for all involved parties.