Construction disputes can be costly and lengthy, which can cause delays to ongoing projects.
At Ashtons Legal, our experienced advisors will provide you with pragmatic advice about your legal position at the outset of a potential dispute and will assist you with informal negotiations through “without prejudice” correspondence and mediation.
Our team of expert construction disputes solicitors take a pragmatic approach to construction disputes, ensuring that all of our clients have a comprehensive understanding of their legal position, the outcome they may be able to achieve and the costs that are likely to be involved in their case.
We use various forms of Alternative Dispute Resolution (ADR) to reach a successful outcome for construction disputes, reducing the potential for costly court proceedings. However, where litigation is unavoidable or is necessary to reach the desired outcome, our solicitors can provide robust representation.
Our Construction Disputes Expertise
We have experience in advising a wide range of clients on various construction and building disputes. Our expertise includes:
- Claims for extensions of time
- Claims for variations
- Claims by contractors for losses caused by delayed work
- Claims against an employer for defective work
- Claims against consultants for negligent design
- Unpaid fees
- Public-private partnership disputes
- Enforcing adjudicator decisions
- Dealing with litigation in the Technology and Construction Court
- Professional negligence within the construction industry
Our Approach to Construction Dispute Claims
Most construction disputes will include an automatic right for either party to refer the dispute to adjudication which is a fast track and specialist form of dispute resolution.
There are exceptions to this right, and it is important to get early advice as to what your options are before commencing formal disputes resolution proceedings. The types of construction disputes which could be referred to adjudication are set out in full in the Housing, Grants, Construction and Regeneration Act 1996 (“the Construction Act”) and are further highlighted here.
There are other forms of alternative dispute resolution such as arbitration and mediation, for further information on this, please click here.
The final recourse for dealing with a construction dispute, or an option available if both parties chose not to adjudicate, is bringing a claim in the Technology and Construction Court or, depending on the terms of the contract regarding dispute resolution to engage in an arbitration process.
Contact Our Construction Disputes Solicitors
For practical advice on construction disputes, as well as any other commercial legal advice you need to reach your goals, get in touch with your local Ashtons Legal team in Cambridge, Bury St Edmunds, Ipswich, Norwich and Leeds.
To set up an initial consultation:
- Give us a call on 0330 404 0767
- Fill in our simple online enquiry form and we will be in touch shortly.
Our Construction Disputes Solicitors
Our experienced commercial disputes solicitors provide our clients with rounded advice that seeks to avoid costly and time-consuming litigation. We have a group of solicitors who specialise in resolving construction disputes and have the necessary skills to ensure that you receive the best possible advice.
Among our specialists are Senior Associate Annabel Mayer, as well as Associate Joanna Baker.
Construction Disputes FAQs
What are the most common causes of construction disputes?
As there are various types of construction disputes, there are also a number of different ways they can be potentially caused. Among the most common include:
- Contract issues
- Lack of clear communication
- Failure to adhere to proper administration
- Frequent delays
- Lack of risk assessment
- Inadequate working conditions
How can construction disputes be resolved?
There are various methods for resolving construction disputes, many of which prioritise reaching an agreement without the need for court proceedings.
Adjudication, which is a specialist dispute resolution forum only available in the construction industry, is a fast-track form of dispute resolution. It is provided by a third-party adjudicator selected by the parties that are in dispute. Adjudication decisions are considered binding unless they are revised by arbitration or litigation.
There are other methods of Alternative Dispute Resolution, such as mediation, which can also be explored to help reach an agreement out of court.
The final solution for dealing with a construction dispute, or an option to explore if both parties elect not to adjudicate, is to bring a claim in the Technology and Construction Court or, depending on the terms of the contract regarding dispute resolution to engage in an arbitration process.
How long does a construction dispute take?
The time it takes to resolve a construction dispute will depend on a number of different factors, including the cause of the dispute, the nature of the relationship between the parties and what method is being used to reach a resolution.
For example, the adjudication process takes 28 days from start to finish, whereas a case that heads to the Technology and Construction Court will take significantly longer to be resolved.
Contact Our Construction Disputes Solicitors
For practical advice on construction disputes, as well as any other commercial legal advice you need to reach your goals, get in touch with your local Ashtons Legal team in Cambridge, Bury St Edmunds, Ipswich, Norwich and Leeds.
To set up an initial consultation:
- Give us a call on 0330 404 0767
- Fill in our simple online enquiry form and we will be in touch shortly.