Building and Construction Disputes – What we can do for you

There are a number of issues to consider when seeking to resolve disputes that have arisen in relation to building works that have been carried out.

Contact one of our specialist team:

Stephen Smith - Solicitor

Who has been contracted to carry out the works?

Construction projects can vary massively in size and complexity and can potentially involve a number of people and organisations working on your project. Depending on how the contract has been set up a contractor may:-

  • Take responsibility for both designing and building the relevant works whether he subcontracts the design work or has an in-house design team.
  • Alternatively the overall responsibility for design may be held by another party such as an architect or engineer directly employed by you as the employer, or
  • The design work may be spread over a number of professionals and trades individually employed by you as the employer.

In any dispute it is important to identify the correct party to pursue as seeking redress from the wrong party can be expensive in time and costs. Likewise if a claim is brought against you it is important to make sure that the person bringing the claim has the contractual right to pursue you for the money. If you are unclear as to the relevant contractual situation for your project we can help decipher what has been agreed between the parties concerned.

What has been the cause of the failure of the works?

Is the issue one of design or construction? Has the contractor built the works in accordance with the contract but the design of the works is fundamentally flawed? Alternatively would the design if built properly by the contractor succeed but the contractor has failed to implement that design correctly? Perhaps the cause of failure is a mixture of both failures in design and construction? We can assist in the process of determining who has taken responsibility for the different areas of work involved.

How to resolve the resulting dispute?

Most disputes can be resolved by good communication between the parties and having a clear understanding or what each party has contracted to do. However if parties cannot resolve their dispute through direct talks we have experience of the following means of dispute resolution:-

  • Adjudication,
  • Arbitration,
  • Mediation, or
  • Litigation

If you wish to discuss the dispute that you are having please get in contact with us. We would recommend that you obtain an initial view of your dispute at an early stage as the correct handling of an issue that has arisen on your project at an early stage could potentially save you thousands of pounds.

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