Construction disputes

Resolve construction disputes quickly and commercially

Construction disputes can affect cash flow, delay projects and put commercial relationships under pressure. Specialist legal advice can help you understand your contractual rights, assess your options and work towards a commercially effective resolution.

At Prettys Solicitors, we advise businesses across the construction industry on a wide range of construction disputes. We work with developers, contractors, subcontractors and construction professionals, providing clear, practical advice that reflects the contractual and commercial realities of each project.

Whether you need early advice before a disagreement escalates or representation in formal proceedings, we help you understand your position and identify the most appropriate way forward.

Our construction dispute services

Construction disputes can arise at any stage of a project, from disagreements over payment and delays to defective work, contract termination and professional negligence. We advise on disputes involving construction contracts, project delivery and the responsibilities of the parties involved.

Our services include:

Construction payment disputes

Payment disagreements can put significant pressure on cash flow and affect a project’s progress. We advise on interim payment applications, payment notices, Pay Less Notices, final account disputes and other contractual payment issues.

We can help you understand your contractual rights, assess the strength of your position and take appropriate steps to recover sums owed or respond to disputed payment claims.

Construction adjudication

Adjudication provides a statutory dispute resolution process for many construction contracts, allowing parties to obtain a decision without waiting for a full court trial or arbitration.

We advise clients throughout the adjudication process, including preparing referrals and responses, assessing jurisdictional issues, managing the procedure and considering the enforcement of adjudicators’ decisions.

Whether you are bringing or defending an adjudication, we focus on presenting your position clearly and protecting your commercial interests.

Construction delays and extensions of time

Delays can lead to additional costs, disruption and disagreements about responsibility for a project’s completion date. We advise on construction delay claims, extensions of time, loss and expense and related contractual issues.

We help clients assess the relevant contract provisions, understand their position and respond to claims arising from delays and disruption.

Defective workmanship and construction defects

Disputes about defective work or failure to meet contractual requirements can be complex, particularly where several contractors, subcontractors or consultants are involved.

We advise on claims relating to defective workmanship, building defects, alleged breaches of contract and the cost of remedial work. We can help you assess potential liability, understand the evidence required and consider the available options for resolving the dispute.

Construction contract termination disputes

Ending a construction contract can have significant financial and practical consequences. Disputes may arise over alleged breaches, termination rights, contractual procedures and the sums payable when a contract ends.

We advise on termination provisions, disputes about whether termination was lawful and the contractual and financial consequences of bringing a construction contract to an end.

Professional negligence claims

Construction projects often involve a range of professional advisers, including architects, engineers, surveyors and other consultants. Where a professional’s alleged negligence causes financial loss or project difficulties, a dispute may arise over the standard of service provided and responsibility for the resulting losses.

We advise on construction-related professional negligence claims, helping clients understand the issues involved and assess the available routes to resolution.

Building Safety Act disputes

Building safety requirements can give rise to complex legal and commercial issues for developers, building owners, contractors and other parties involved in construction projects.

We advise on construction disputes involving relevant building safety obligations and potential liability under the Building Safety Act 2022, where appropriate. The legal position will depend on the nature of the building, the parties involved and the circumstances of the dispute.

Construction litigation and enforcement

Some disputes cannot be resolved through negotiation or alternative dispute resolution. Where formal proceedings are necessary, we advise on construction litigation, including claims for breach of contract, disputed liabilities and recovery of sums owed.

We also advise on the enforcement of adjudicators’ decisions and court judgments, helping clients understand the practical steps available to pursue an outcome.

Resolving construction disputes

Not every construction dispute needs to proceed to court. The right approach depends on the contract, the nature of the disagreement, the evidence available, the sums involved and the commercial priorities of the parties.

We help clients consider the options available, which may include:

• Early negotiation: seeking a practical agreement before costs and disruption increase.
• Adjudication: using the relevant statutory or contractual process to obtain a decision on a construction dispute.
• Mediation: working with an independent mediator to explore a negotiated settlement.
• Arbitration: resolving a dispute through arbitration where the contract or parties’ agreement provides for it.
• Litigation: pursuing or defending a claim through the courts where necessary.

We explain the potential advantages, risks, costs and timescales of the available options, helping you make informed decisions based on your business and project objectives.

Why seek legal advice on a construction dispute?

Construction disputes can involve complex contracts, tight procedural deadlines and substantial financial exposure. Taking advice early can help you understand your rights and obligations before the position becomes more difficult to resolve.

Our approach is practical and commercially focused. We aim to help you:

• Understand the relevant contract terms and your legal position.
• Assess the strengths, weaknesses and potential value of a claim.
• Identify the evidence needed to support your case.
• Understand relevant deadlines and procedural requirements.
• Consider proportionate options for resolving the dispute.
• Protect your commercial interests while limiting unnecessary delay, cost and disruption.

We also recognise that maintaining a working relationship may be important, particularly where the parties have an ongoing project or expect to work together again. Where appropriate, we consider solutions that address the dispute while taking account of the wider commercial relationship.

Construction disputes involving international projects

Construction projects can involve parties, contracts and assets across different jurisdictions. These circumstances may raise additional questions about the applicable law, dispute resolution provisions and enforcement of decisions.

Through our Galexy network, we can help clients explore access to legal support in other jurisdictions where a construction dispute has an international dimension. The appropriate arrangements will depend on the countries and issues involved.

Speak to our construction disputes team

If you are facing a construction dispute, our team can help you understand your legal position, assess your options and decide on a practical way forward.

Contact Prettys Solicitors to discuss your circumstances and the support you may need.

Telephone: 01473 232121

Email: enquiry@prettys.co.uk

Get in touch: Contact us to discuss a construction dispute.

Construction and disputes team

Frequently asked questions about construction disputes

What is a construction dispute?

A construction dispute is a disagreement arising from a construction project or contract. Common examples include payment disputes, delays, defective work, extensions of time, contract termination and disagreements over the responsibilities or performance of contractors, subcontractors and consultants.

What is construction adjudication?

Construction adjudication is a dispute resolution process available under the Housing Grants, Construction and Regeneration Act 1996, as amended, for many qualifying construction contracts. It allows a dispute to be referred to an adjudicator for a decision, generally within 28 days of the referral, subject to permitted extensions. The precise position depends on the applicable legislation, contract and circumstances.

Can an adjudicator’s decision be enforced?

An adjudicator’s decision is generally binding on the parties unless and until the dispute is finally determined by legal proceedings, arbitration or agreement, where applicable. A party may apply to the court to enforce a decision, although the outcome can depend on the circumstances, including any jurisdictional or procedural issues.

How can I resolve a construction payment dispute?

The first step is usually to review the construction contract, payment application, relevant payment notice and any Pay Less Notice, alongside the payment timetable and supporting records. Depending on the circumstances, options may include negotiation, adjudication or court proceedings. Legal advice can help you understand the available options and any applicable deadlines.

What should I do if I discover defects in construction work?

Record the defects, retain relevant photographs and project documentation, review the contract and consider whether an expert report is needed. You should also check any contractual notification requirements and applicable time limits before taking action. Early advice can help you understand potential liability and the options for recovering the cost of remedial work.

When should I seek advice about a construction dispute?

It is usually sensible to seek advice as soon as a significant disagreement emerges, particularly where payment deadlines, completion dates, contractual notices or termination rights are involved. Early advice can help you assess your position and avoid missing important procedural requirements.

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