Construction & Property Disputes

Our specialist construction solicitors have a significant amount of experience advising on building and construction disputes. We are experienced in dealing with resolution by way of arbitration, adjudication and via court proceedings.

Preparation/Contracts

Whether you are engaging a builder to undertake works to your home to embarking upon large scale litigation, we strongly advise that you put the appropriate paperwork in place to document the terms of engagement. A written agreement can address the scope of the works, the payment provisions, each party’s role and the relevant procedures in the event of dispute.

In the construction of a building many different trades will be involved, often under different terms, conditions and contracts. We can assist you in choosing and making sure that the right contract is put in place and signed between the parties involved. We know that this vital step is often overlooked and the parties begin in earnest without having chosen or signed a contract. All of which is fine until something goes wrong, which it often does; bad weather, unexpected land conditions, interaction of numerous parties on site, illness, force majeure, all of these are possible incidences which can upset the flow of a construction contract. We believe that a good contract is more important in relation to construction matters than in any other circumstance.

In the absence of a written contract, the Construction Industry Scheme will apply (except in relation to residential properties where the home owner is the employing party). The Construction Industry Scheme implies into contracts:

• An interim payment scheme if the contract is intended to last more than 45 days
• Payments are to be paid on Payment Notices and are payable within 7 days of a Payment Notice being delivered
• Where there is a dispute a Pay Less Notice has to be served before the Payment Notice is due for payment. Timing is critical
• Our experts can advise on the dispute resolutions available to you, including those under the Construction Industry Scheme, Arbitration and the court process

The Scheme can apply to any works relating to a construction contract/development, including in relation to cleaning contracts. Failure to adhere to the Scheme can be detrimental. Our specialist solicitors can advise you on the appropriate form of contract to put in place or, in the alternative, the terms applicable in absence of a written contract.

Disputes

Our specialist constructions solicitors are experienced in dealing with all aspects of building and construction disputes,  ranging from those relating to residential properties to large scale developments.

In the event that dispute arises during the course of building or construction works, upon completion or many years later (latent defect), our specialist construction solicitors can advise you on the options available to you.

We are experienced in dealing with all aspects of building or construction disputes, including claims relating to:-

• Extensions of time
• Variations to works
• Loss incurred as a result of delayed or disrupted work
• Defective Works
• Latent Defects
• Design Issues
• Restrictive Covenants
• Payment disputes

Issues that arise during the course of building and construction works can be detrimental to the timescale of the project. A written agreement will usually provide for an adjudication or arbitration clause providing for the mechanism of dispute resolution. We experienced in dealing with resolution by way of arbitration, adjudication and via court proceedings.