Building and Construction Disputes

At a construction company, it’s not uncommon for disputes to arise throughout the course of a project.

Whether you have a JCT contract, or some other type of agreement, our business disputes team has the expertise to assist you. We can provide you with the support and knowledge needed to resolve any issues efficiently and effectively.

What are the common causes of building and construction disputes?

Building and construction disputes are conflicts that can arise during the planning, execution, or completion of a construction project.

These disputes can be caused by:

• Delays or Disruption to a Project – Disputes can occur when a project faces delays or disruptions, such as adverse weather, material shortages, or scheduling issues, that affect the project timeline.
• Variations in the Contract – Disputes may arise from changes to the original contract, such as extra work, design modifications, or adjustments to the scope, leading to additional costs and time extensions.
• Compensation for Work Done and Materials Supplied – Conflicts may occur when a contractor, subcontractor, or supplier seeks payment for work completed or materials provided, especially when payment is delayed, underpaid, or disputed.
• Defects and/ or Poor Workmanship – Disputes arise when the construction work or materials do not meet the agreed upon quality standards.
• Liquidated Damages – Agreed-upon penalties specified in the contract, usually for delays in project completion, where the contractor is required to pay a set amount for each day the project runs over schedule.
• Negligence Claims – Claims that arise from the failure to comply with legal, safety, or industry standards, where poor performance, unsafe practices, or substandard materials result in harm, damage, or additional costs.
• Non-payment – This would follow the debt recovery process to obtain payment for you.

How can building and construction disputes be resolved?

Methods for resolving building and construction disputes include:

• Negotiation – Parties attempt to resolve the dispute through communication and compromise.
• Mediation – A neutral third party facilitates discussions between the parties to help them reach an agreement.
• Adjudication – An efficient method for resolving disputes, often used for smaller claims or disputes that arise during the project.
• Arbitration – A formal process where parties present their case to a neutral arbitrator who makes a binding decision.
• Litigation – A formal legal process where parties resolve their dispute through the court system.

What types of building and construction disputes have we previously handled?

Even if you use a skilled professional, disputes can still occur. There are various reasons why conflicts may occur between the parties. Our dispute solicitors have handled some of the most common issues, including:

• The work was not carried out to a standard that the owner agreed in the contract and does not justify the amount paid.
• The time taken to complete the work exceeded the agreed-upon schedule.
• Payment was not made, in part or in full, as agreed during the contract or upon completion.

How we can support you

At Taylor Bracewell, when it comes to building and construction contract disputes, there are specific pre-court procedures that should be followed. These include attempting to resolve the issue through a settlement meeting or mediation.

Our experienced disputes team is well-versed in guiding you through these processes to help find a resolution.

If an agreement cannot be reach through these pre-court methods, we have experience in handling building and construction disputes in regional County Courts and the Specialist Technology and Construction Court.

We also assist individuals who are experiencing problems with builders they have hired to carry out work on their behalf.

Our goal is always to secure the best possible outcome for you. Whenever possible, we work towards a resolution without the need for court proceedings, as we understand how stressful and costly litigation can be. However, if it becomes necessary to take the matter to court, we are fully prepared to go forward with court proceedings to get the best results for you where appropriate.

If you wish to discuss a building and construction dispute, contact our team of Doncaster (01302 341 414) and Sheffield (0114 272 1884) solicitors today.

Our dispute lawyers can also help you with any of the following: