Construction Disputes

Specialist Construction Dispute Resolution Solicitors

A wide range of disagreements and disputes can arise during a construction project. This can be anything from defects and delays to negligence by professionals who are involved in the project.

When a construction dispute occurs, expert legal advice is required to not only identify the factual, technical and legal issues but also determine the best strategy to reach a quick and cost-effective resolution.

At Dutton Gregory, our specialist team of construction solicitors are on hand to assist you and your business resolve any construction dispute and minimise the disruption to you and your business.

What causes a construction dispute?

Construction disputes may arise for many different reasons. There may be issues with the drafting of the construction contract, poor workmanship, unexpected cost or labour fluctuations, changes to works or poor communication between the parties.

What disputes arise during a construction project?

The list of potential disputes is almost endless. Disputes can arise before, during or after your construction project and include claims relating to...

• contractual interpretation
• breach of contract
• termination of a construction contract
• defective works
• delays
• extensions of time and variations
• non-payment.
• interim accounts or the final account
• professional conduct (architects, contract administrators, project managers, quantity surveyors)

How are construction disputes resolved?

The answer depends on a number of factors, including the contractual terms that have been agreed by the relevant parties. Options for resolution tend to include:

Negotiation

Some disputes can be resolved without the need for a formal dispute resolution process. We will always consider and explore opportunities to reach a resolution through negotiation, which is often quicker and more cost-effective than alternative options.

Mediation

Mediation is a flexible, voluntary and confidential way to resolve disputes, where a neutral third party (a mediator) assists parties in working towards a negotiated settlement. Parties retain control of the decision including whether or not to settle and on what terms.

Sometimes, disputes are unable to be resolved through negotiation or mediation. Dutton Gregory’s legal experts are highly experienced in supporting clients through formal dispute resolution processes including:

Adjudication

Adjudication is a compulsory dispute resolution process for the construction industry to resolve any contractual dispute. It is a quick, cost-effective 28-day process (although the parties can agree to extend this timescale) and resolves a dispute on an interim basis. An adjudication is binding on the parties until the dispute is finally determined by court proceedings, arbitration or by agreement.

Arbitration

Arbitration is a non-court alternative way of resolving construction disputes, where an arbitrator or panel of arbitrators is appointed by the parties to make a binding decision. There are usually very limited grounds of appeal. Arbitration is not always available, so it is important to seek early legal advice in relation to this.

Court Proceedings, including with the Technology and Construction Court

In some circumstances, court proceedings are unavoidable. For most construction disputes, litigation takes place in the TCC which is a specialist court dealing with technology and construction disputes. There are specific court rules, and court guides, that apply to litigation in the TCC. Dutton Gregory’s lawyers are experienced in dealing with these and can expertly guide you through the complex process.

How We Can Help?

Dutton Gregory’s expert team of Dispute Resolution Solicitors is experienced in supporting local and national clients, including developers, employers, contractors, sub-contractors and manufacturers of plant and machinery, across a range of sectors, with their construction disputes.

We focus on providing strategic and realistic advice to ensure any construction dispute is resolved in the most cost-effective and commercial way, with the overall aim of settling disputes quickly so you can focus on you and your business

We assist clients by managing the entire dispute resolution process from identifying and analysing claims; providing bespoke, practical, and down-to-earth advice; to pursuing the appropriate dispute resolution process.

We are achieve success for our clients through negotiation, adjudication, arbitration and litigation through court proceedings (including in the Technology and Construction Court), robustly defending their  interests and applying pressure where necessary to get the best resolution