Construction and Engineering Disputes

  • Overview
  • Case studies
  • No-one wants to be involved in a dispute with their client or with their contactor. However, where a dispute cannot be avoided we have a team of expert construction and engineering dispute resolution lawyers with years of experience ready to help.

    We have a very successful track record of dealing with disputes. Key factors in our success include:

    • that our approach is to solve rather than simply fight for fighting's sake;
    • we understand complex construction and engineering problems and are adept at proposing commercial and pragmatic solutions;
    • we carefully plan and manage legal costs, as in most disputes cost profiling and out turns are as important as the dispute itself;
    • we are pro-active and efficient with evidence management;
    • we provide clear and timely communication, keeping you informed at all stages
    • we build the right team, including technical experts, to get the best result

    They are exceptional – a very broad team who are practical and accessible

    Chambers 2017 ,
  • Our recent experience includes:

    • Acting for a contractor in a series of 65 adjudications run over 3 phases (2 phases of 26 concurrent adjudications and 1 phase of 13 concurrent adjudications) in which we successfully defending attempts by the employer to terminate their entire portfolio of facilities management contracts and recovering a seven figure sum in outstanding payments. 
    • Acting for the construction joint venture of a schools PFI contract on a range of issues arising from the construction of 3 secondary schools as part of a BSF project, including dealing with adjudication against the Authority using name borrowing provisions and claims against the FM contractor under an Interface Agreement 
    • Advising the joint venture contractor in defence of a multi-party claim in the Technology and Construction Court for a substantial roof defect on each of two secondary schools constructed by the joint venture 
    • Acting for the developer in relation to a professional negligence claim arising from the defective design of the mains gas installation into their housing development, delaying completion of the whole development for many months and the loss of a number of purchasers 
    • Advising a main contractor in respect of several claims for variations, delays and loss and expense arising from a standard form JCT contract for the construction of a new shopping centre and basement car park 
    • Acting for a regional sub-contractor in a series of adjudications arising under an amended NEC3 contract for the development of a transport interchange. The dispute dealt with the date for practical completion and final account claim for disputed variations and for loss and expense arising from delay and disruption 
    • Acting for a developer in the assessment of risk arising from in excess of 170 compensation events under an NEC target cost contract for engineering work in a harbourside development
    • Advising an international contractor in their defence of a £50,00 per day liquidated damages claim for the delay to the construction of an electrical substation being installed as part of an offshore windfarm
    • Acting for a Local Authority in defence of adjudication proceedings brought by their highways contractor in relation to the validity of withholdings of £11 million by the Local Authority against payments due through the operation of a pain/gain share mechanism and contract cap and target regime 
    • Advising a waste contractor in relation to a range of claims arising from the construction of 2 waste to energy plants including defects claim and claims for the recovery of our client's losses either from its Authority client or from its sub-contractors 
    • Advising a main contractor in relation to a number of claims for extensions of time and loss and expense arising from its contract with a Water Authority and how these claims might be resolved constructively for the purposes of an important client relationship.

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