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Construction disputes can quickly become expensive and disruptive, particularly where payment, completion of a project or the cost of putting defective work right is at stake.
Mot of our instructions relate to disputes arising from small and medium-sized commercial developments, property projects, refurbishment and fit-out works and construction contracts, where the sums involved are commercially significant but do not justify the cost structure of a major City construction law practice.
We advise on JCT and other construction contracts, payment and final accounts, defects, delay, variations, termination, adjudication and professional negligence. We act for both parties bringing claims and those defending them.
We offer experienced construction dispute advice, with a strong London presence and lawyers operating nationally, for property developers, commercial property owners, businesses, main contractors and subcontractors.
Our clients want and need experienced lawyers but also need legal costs to remain proportionate to the dispute.
Our principal construction law specialist is Daniel Hutchings, who has over 15 years' qualified experience advising on both contentious and non-contentious construction matters. His dispute resolution experience includes negotiation, mediation, adjudication, arbitration and litigation in the Technology and Construction Court.
Recent construction dispute work includes:
acting for a property developer in an adjudication claiming approximately £1 million in costs and damages arising from alleged cladding design and workmanship defects;
acting for a contractor in a payment adjudication for approximately £800,000 following an employer's failure to serve a payment notice or pay less notice; andsuccessfully settling a JCT final account dispute worth approximately £400,000 for a contractor.
Construction disputes frequently involve related issues including professional negligence and/or insolvency. Our team includes specialists in these areas of law.
Our construction dispute clients include:
Property developers – dealing with contractors, subcontractors and professional teams on residential and commercial developments.
Commercial property owners and investors – including disputes arising from development, refurbishment and remedial works.
Businesses carrying out works to their premises – including significant fit-outs, extensions, conversions and refurbishment projects.
Main contractors – dealing with payment, variations, extensions of time, delay, defects and final accounts.
Subcontractors – including claims for unpaid sums and disputes concerning scope, variations, delay and defects.
Employers and building owners – bringing or defending claims involving architects, engineers, surveyors and other construction professionals.
We act for claimants and defendants and can advise before a dispute has fully developed as well as after adjudication, litigation or other proceedings have been threatened.
Taylor Rose has a strong presence in London as well as offices across England and Wales, enabling us to advise on construction disputes nationally.
Our London presence is particularly relevant to our work for developers, property owners and businesses involved in development, refurbishment, fit-out and investment property projects. We also act on projects throughout the country and can handle most aspects of a construction dispute remotely where that is more convenient.
We regularly work alongside clients' surveyors, quantity surveyors, architects and other professional advisers and can help identify appropriate experts where additional technical evidence is required.
We advise on a wide range of construction disputes, including:
Payment disputes – applications for payment, payment notices, pay less notices, unpaid sums, valuations and retention.
Final account disputes – disagreements over what is ultimately payable following completion of the works.
Defective construction work – claims involving poor workmanship, defective materials, incomplete work and remedial costs.
Design defects – including disputes about responsibility between contractors, architects, engineers and other professionals.
Delay and disruption – extensions of time, liquidated damages, loss and expense, prolongation and disruption.
Variations and additional works – disputes about whether work was instructed, whether it was already within the contractual scope and how it should be valued.
JCT contract disputes – interpretation, payment mechanisms, notices, amendments, risk allocation and termination.
Contractor and subcontractor disputes – including payment, performance, delay, defects and contractual obligations.
Termination and suspension – advising before potentially serious action is taken and dealing with claims following termination or suspension.
Professional negligence – claims involving architects, engineers, surveyors, project managers and other construction professionals.
Cladding and building defects – including disputes about responsibility for substantial remedial works.
Construction insolvency – including the practical implications of pursuing or defending a claim where another project participant is in financial difficulty.
The parties may still need to work together to finish the project. A contractor may primarily need payment quickly. A developer may need defective work corrected rather than damages several years later. In a final account dispute, both sides may simply need commercial certainty.
We will advise on the route most likely to achieve your objective without incurring disproportionate cost.
A strong legal claim does not necessarily mean that lengthy litigation makes commercial sense.
A £100,000 payment dispute requires a different strategy from a £1 million defects claim. Before substantial costs are incurred, we consider the amount at stake, strength of the evidence, likely legal and expert costs, financial position of the other party and the prospects of actually recovering money if you succeed.
We also consider whether there are guarantees, bonds, warranties, insurance policies or claims against other project participants which may provide another route to recovery.
Where appropriate, we can deal with the dispute in stages. This allows you to understand the initial merits and options before deciding whether the likely commercial benefit justifies the next stage of expenditure.
Not every construction dispute should proceed immediately to adjudication or court.
The parties may still be working together on the project, making an aggressive dispute counterproductive.
In other cases, the project has finished and the objective is simply to resolve a final account or substantial defects claim without spending disproportionate sums on litigation.
Once we understand the legal merits and financial exposure, we can negotiate directly, use without prejudice offers or consider mediation.
A strong understanding of the underlying claim often creates the leverage needed to reach a sensible commercial settlement.
A legally strong construction claim is not necessarily a commercially valuable one.
Contractors, subcontractors and development companies can encounter financial difficulties, particularly after a problematic project.
Before committing substantial costs to a claim, we consider the financial value of the dispute and realistic prospects of recovery.
There may also be other potential defendants, guarantees, insurance or contractual routes which materially improve the client's position.
This commercial assessment can be just as important as establishing liability.
Early, experienced, practical advice can help preserve your options and avoid mistakes which make the dispute more difficult or expensive later.
You do not need to have decided whether to adjudicate, negotiate or issue proceedings before contacting us. We can initially review what has happened, explain the strength of your position and help you decide whether and how the dispute is worth pursuing.
Telephone -
9am to 5pm
Solicitor - Construction & Engineering
Daniel is a specialist construction lawyer with 14 years post qualified experience of advising a broad range of clients on contentious and non-contentious issues.
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