Disputes are unfortunately a common feature of construction projects. Our team have a wealth of experience on resolving issues as they arise. Advice at an early stage of a dispute can increase the chances of an early resolution and avoid expensive and costly proceedings.
Payment and valuation of work done
- We represent clients in pursuit of and defence of claims for payment.
- We advise on the complex mechanisms for payment contained in the standard forms of contract to establish entitlements.
- We have particular expertise in claims relating to payment of retention.
- Payment disputes inevitably concern the proper valuation of work done. We advise on contractual entitlement to the valuation of work completed.
- We instruct expert quantity surveyors where expert evidence on valuation is justified.
Extension of time and any associated prolongation/loss and expense
- We have expertise in analysing entitlement to extension of time based on contractual entitlements.
- We advise and analyse the financial consequences of delays to construction projects. Claims for loss of profit/overhead and site preliminaries concern complex matters of causation that we regularly advise on.
Defects
- We instruct experts to report on defects where appropriate and advise on strategies for rectification.
- We advise on the circumstances under which withholding payment for defective works is justified.
- We represent clients in the recovery of the cost of making good defects from contractors or members of the professional team.
Suspension of work and/or termination
- We advise on the lawful suspension of work in relation to payment disputes. The wrongful suspension of work may entitle the other party to terminate.
- We advise on grounds of termination of a contract and where the contract contains mechanisms for the issue of default notices and then termination we can assist clients to navigate what are often complex procedures including the giving of valid notices. Wrongful termination can lead to unwanted consequences.
Insolvency
- Insolvency in construction brings its own complexities, for example ownership of materials on site or incorporated into the works. We advise clients on claims made for payment of materials in the event of insolvency.
- We assist clients navigate through the complexities of termination of contracts in the event of insolvency.
Our fees for advice on contentious matters are charged at an hourly rate. An estimate of likely fees will be given where possible. If an estimate is not possible then we will set a ‘cap’ on fees to assist with budgeting.