Construction disputes

When conversation turns into conflict, you need a legal team with the experience and expertise to protect your interests and achieve swift, commercially realistic results in the most cost efficient and risk free manner possible.

Clients ranging from individuals and entrepreneurs to corporations and multi-national organisations trust our commercial litigation lawyers, based in Kent, to deliver results for them in even the most complex of cases. We make it a point to get to know our clients, to understand their objectives thoroughly, provide clear advice and commercially minded recommendations in plain English, and to make ourselves available whenever and wherever our clients need us.

Our commercial litigation lawyers specialise in helping settle disputes using mediation, arbitration and other ADR approaches, but are equally skilled and experienced in fighting our clients’ corner in court where necessary. We can also offer risk management and litigation avoidance advice, to help stop issues developing into full disputes.

Our highly experienced construction lawyers use their considerable knowledge of the construction sector and modern dispute resolution methods to resolve construction disputes cost effectively and at an early stage.

We deal with all stages of construction disputes from initial advisory work and input on ongoing commercial negotiations on live projects through to complex adjudications and multi-party claims in the High Court’s Technology & Construction Court (TCC).

We have considerable experience in devising and implementing effective strategies to resolve disputes at an early stage, and regularly resolve complex disputes by way of negotiation or mediation.

As well as being an experienced negotiators, our specialists represent parties in adjudications and claims in the TCC, where they have particular experience in dealing with claims involving insolvency issues, complex professional negligence claims arising from design failings, and claims against insurers.

Where formal legal processes are required, we minimise the disruption, ensure their cost-effectiveness and get you the best commercial result.

The vast majority of construction disputes can be resolved at an early stage without recourse to formal legal processes. But only if they’re tackled before they have escalated or had a knock-on effect on other aspects of the project. A call to one of our construction lawyers early on can avoid relationships deteriorating and costs escalating, resulting in enormous damage to the project.

We identify the most appropriate way of tackling the construction dispute. Our aim is to contain its scope and minimise its impact on the project and your business. We adopt an entirely bespoke approach, recognising that the dynamics of each project and those involved can vary.

Where appropriate, we work closely with our network of leading experts on liability/technical issues, delay analysts, quantum experts and leading construction barristers in order to put together a formidable team to suit your dispute.

Our construction dispute resolution services include:

• Acting on disputes concerning defective works, design issues, disputed valuations / final account, interim payment disputes, non-payment, extensions of time, loss and expense, termination and insolvency issues
• Settlement of the vast majority of matters at an early stage through negotiations, settlement meetings, mediation, and expert determination (Alternative Dispute Resolution)
• Settlements involving substantial re-negotiation of live construction contracts and/or in bringing projects to a point where there can be an orderly handover to a replacement contractor
• Adjudication – bringing or defending “slam dunk” interim payment disputes, final account disputes, substantive disputes, serial adjudications, and adjudication enforcement proceedings in the TCC.
• “Adjudication lite” – where we work with your in-house team, check the papers prepared by them, give our objective view from the adjudicator’s perspective and deal with any legal and procedural issues arising
• Claims in the Technology & Construction Court, with considerable experience in multi-party construction disputes involving insolvency issues, complex professional negligence claims arising from design failings, and claims against insurers
• Construction arbitrations.