Construction projects can, by their nature, be very complex and disputes arising are rife. Whether you are the employer, the main contractor, a sub-contractor, an architect, a quantity surveyor, an engineer or another professional caught up in a construction-related dispute, our team has considerable experience and expertise in representing and advising clients in such situations.
Examples of the types of disputes which arise in construction projects (whether of a domestic or commercial nature) include:
- disputes over late payment;
- disputes over delays;
- disputes relating to the quality of the works;
- disputes relating to design issues;
- disputes over the quantity of the works carried out by a contractor or sub-contractor;
- disputes over claims for liquidated damages;
- disputes over interpretation of contractual terms;
- disputes over what was agreed whether orally and/or in writing;
- disputes over termination of contracts;
- negligence claims against professional advisers involved.
When a dispute arises, there is often also a project which still needs completing as well as on-going relationships between some or all of the parties involved, which calls for swift intervention and hopefully prompt resolution of the issues at stake.
We can urgently assess the merits of the situation and advise you on possible options, which might involve sending a letter of claim or letter of rebuttal (as appropriate), seeking a negotiated settlement, engaging in mediation and/or engaging in litigation, arbitration or adjudication.
Adjudication is a far quicker process than litigation or arbitration for parties to a construction contract, with decisions usually being made by an adjudicator within a couple of months of a dispute being referred by a party. For further guidance on the adjudication process and how it might help you, please see the attached note.
If you are involved in a construction dispute or are experiencing issues in a construction project which you fear will result in a dispute, please contact the team.
EXAMPLES OF MATTERS HANDLED BY MEMBERS OF OUR TEAM:
- Successfully acted on a final account adjudication brought by a developer against a construction client, resulting in the developer being ordered to pay an additional sum of £1.4m plus interest to the main contractor above what it had already paid.
- Successfully defended a £1.1m claim brought through adjudication in relation to purported operational losses and the purported remedying of defects in relation to a luxury hotel. The referring party was awarded nothing.
- Defended a multi-million pound construction claim by a local authority arising out of purported breaches of a Framework Agreement. The dispute settled at mediation.
- Successfully acted for the developer in defending an adjudication brought by a main contractor, in relation to the construction of a hotel, for the sum of more than £250,000. The adjudicator decided that the main contractor was not only entitled to no further payment, but must pay back to the developer more than £130,000.
- Successfully applied for summary judgment in relation to a final account adjudication decision, defeating arguments alleging a breach of natural justice on the part of the adjudicator [RGB P&C Limited v Victory House General Partner Limited  EWHC 1188 (TCC)].
- Acted successfully for a main contractor on the strike out of a Part 7 claim brought by the developer in the Technology and Construction Court for declarations that an £800,000 sum awarded by an adjudicator should be returned following the final account. The opposing developer discontinued its claim shortly before the strike out application was due to be heard. The final account was also determined in favour of our main contractor client.
- Acted for a global market leading automation supplier on multiple complex and high-value contractual matters.