Construction Dispute Lawyers
Solicitors for Building & Construction Disputes
Construction disputes are a reality for those operating in the building industry. Whatever your professional role, the specialist construction team at Osbornes can assist you in resolving them favourably.
Expert construction litigation lawyers
Our team comprises specialist construction litigation solicitors with many years of experience, advising on everything from straightforward subcontractor payment issues to complex, multi-party development projects. We draw on our deep sector knowledge to resolve your dispute quickly, collect money owed, and get your project back on track with minimum disruption. Whether you are a contractor, developer, investor, property owner, or specialist subcontractor, the construction team at Osbornes can help you overcome whatever problems you might face.
What are common types of dispute on construction projects?
Most construction activities involve a number of parties including building contractors, architects, surveyors, engineers, site supervisors and specialist subcontractors (plumbers, electricians, plasterers, roofers, steelwork experts and so on). All of these people work together to deliver the construction project for the client.
Disputes can arise between any of those people over just about anything. Common issues include:
- Payment problems
- Delays in completion
- Work not completed to quality standards
- Unsafe or defective work
- Damage to third-party properties
- Failure to get the proper building consents
- Disputes relating to variations
- Problems with the design
Osbornes’ extensive experience means we can advise you on any type of dispute, and help you find the most efficient and cost-effective way to resolve it.
How to find who is responsible for construction disputes?
Because so many people are involved in a construction project, you may end up going round in circles not knowing who is responsible for the problem. Usually, parties to construction contracts will try to include provisions that limit their duties and liabilities, and it is not unusual for people to try and shift the blame.
This is where the right legal support can help.
We will review your situation thoroughly to determine who has suffered loss, who is responsible for causing or contributing to the loss, and what the best strategy is for making (or defending) a claim. As a first step, contact us to discuss your matter. A specialist lawyer from our construction team will discuss the circumstances of your dispute and advise you of the next steps.
Visit our dedicated pages on architect negligence and surveyor negligence for more information about these specific types of dispute.
Can I sue a builder for breach of contract?
If a builder doesn’t fulfil their contractual obligations, it will be prudent to seek legal advice as soon as possible. You almost certainly will have different remedies available against the builder depending on which part of the contract they have breached. A breach that strikes at the heart of the contract – for example, where a builder downs tools and refuses to finish the work – may give you an immediate right to terminate the contract and seek compensation. Other breaches may give rise to a damages claim for the cost of employing another builder to finish or rectify their work.
The contract should lay out the roles and responsibilities of all parties involved in a construction project. When a builder fails to meet their obligations under the contract, this is considered a breach of contract. This can include:
- Delays in completion.
- Failing to provide goods and materials of the required standard.
- Workmanship not meeting quality standards.
- Failing to obtain necessary building consents.
- Leaving work or snagging items unfinished.
- Walking off site before the project is complete.
Can I sue a contractor for poor workmanship?
By law, contractors have to:
- Install goods correctly,
- Use materials that are fit for purpose and of satisfactory quality, and
- Carry out the work with reasonable care and skill and in a reasonable timeline.
If they do not, you are entitled to have repairs and replacements done, free of charge.
Many builders will have an official complaints procedure, either their own or through a trade association such as the Federation of Master Builders. If this procedure is not available or unsuccessful, alternative dispute resolution can be a good option for reaching settlement, with court as a last resort for enforcing the legal rights.
When there’s an issue over the quality of workmanship, expert evidence is vital for proving the standard of work fell below what a reasonable person would expect. Our experienced construction lawyers have a network of professionals who can provide these expert opinions, giving you the best chance of a successful outcome to your case.
What is the best method for resolving construction disputes?
This will depend on your goals, time constraints, budget, risk tolerance, and the unique facts of your case. Sometimes it may only take a single letter to get the issue resolved. Other times, we may suggest some form of alternative dispute resolution such as mediation, arbitration or having a third-party expert make a decision about your dispute.
Where necessary, we will fight your case in court.
Are there time limits for bringing a construction dispute claim?
Generally, a construction claim will either be:
- For breach of contract, where someone breached any of the agreed-upon conditions of a written or oral contract
- For negligence, where the construction professional did not do their job with reasonable care, skill and diligence
Claims for breach of contract and negligence must be issued within 6 years.
For latent defects, where the problem is hidden and could not reasonably have been discovered within the 6-year time limit, you have an extra 3 years to bring a claim.
Limitation periods are incredibly complex. It’s best to consult a solicitor as soon as possible to make sure that you are not out of time.
What is the process for making or defending a construction claim?
The process for making or defending a claim will depend on the nature of the dispute and the exact terms of your construction contract. However, the standard forms of contract rarely give all the answers, so we almost certainly will need to collect additional evidence and documents to ensure a successful claim or defence.
This might include contractor’s records, correspondence, chronologies and witness evidence. Often, we will seek advice from independent experts to support your case.
Our commercial approach
Formal litigation should always be a last resort. That is why we support you from the earliest stages of a construction dispute, minimising contractual risks from the very start of a project. When a dispute arises, we will discuss the various Alternative Dispute Resolution options with you, such as negotiation, mediation, adjudication or arbitration to avoid lengthy and expensive litigation.
Specific issues we regularly advise on include:
- Breach of contract claims
- Damages claims for substandard workmanship
- Professional negligence claims
- Claims for remedial works
- Claims for delays and disruption where the work is not completed within agreed timescales
- Recovering retention payments and unpaid debts
- Insurance-related issues
We work with all the standard form contracts such as JCT, ACA, NEC and FIDIC, as well as bespoke contracts. We have the experience to get you the best results, whatever your issue or claim.
Why choose Osbornes’ construction team?
Construction projects involve complex work, contracts and relationships. When a dispute occurs, you will need expert advice from a specialist team on the myriad of legal, technical and factual issues that arise, as well as the best strategy for resolving the dispute in your favour. Here’s why we’re that team:
- 40+ years of experience resolving construction disputes
- Residential and commercial construction projects, of all values and complexity
- Well-established track record handling cases through Alternative Dispute Resolution, as well as litigation
To learn more about our services, or for a confidential discussion about your situation, please contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Shilpa really helped us take charge of the situation and helped resolve this property dispute. I would not hesitate to recommend her or the team to anyone in a similar situation.
On first meeting Shilpa I was sure that she understood immediately my requirements, and was sympathetic both to my financial restraints and my emotional state. She achieved everything I asked of her and proved to be invaluable, professional and efficient
At every step Shilpa alleviated any concerns and stresses we had. Always fast to respond, always professional and super knowledgeable.
Shilpa has helped us through some key property litigation matters (residential and commercial) since 2014 and has delivered on every occasion. One particular issue had kept us in a state of stress and tension for almost a decade and after getting in touch with Shilpa she was able to help us bring the matter to a peaceful and successful conclusion.
I received a call from Shilpa Mathuradas a couple of hours after filling the enquiry form for a callback. She actively listened to my party wall concerns responding with gentle professionalism, answering my concerns, letting me know what is and is not possible and when best to bring in a solicitor. All this within 10 minutes. Excellent.
"They are an outstanding firm to work with. They are consistently impressive in their work."
Excellent in every aspect.
If I had another reason to have to seek legal advice again, I wouldn’t hesitate to use Shilpa, and would recommend her to anybody who needed legal advice.
Shilpa was professional, realistic, and unflappable. Shilpa managed to persuade a reluctant witness to come forward to support my case. She obviously knows her subject very well.
I always had full confidence in Shilpa keeping my best interests at heart. I often didn’t understand the legal language, and she would follow this up with a phone call and patiently explain.
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The Property Litigation Team View the whole team
William Ford
Partner
Housing and Social CareShilpa Mathuradas
Partner
Property LitigationEdward Taylor
Senior Associate
Property LitigationMuna Adam
Solicitor
Property LitigationJames Mayall
Solicitor
Property LitigationEllie McEvoy
Paralegal
Property LitigationAlex McMahon
Senior Associate
Housing and Social CareAlex Panayi
Solicitor
Property LitigationAnna Van-Haute
Paralegal
Property LitigationView the
whole team
