Construction Disputes

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.
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Construction Disputes

Disputes frequently arise in construction projects and can be difficult and costly to navigate. Successfully resolving or avoiding disputes is crucial to concluding projects on time and within budget.

We act for Housebuilders, Landowners, main contractors, sub-contractors, funders and professional advisors on all types of disputes and disagreements arising out of the construction and building industry.

Whether you require an early assessment of your construction contract, to advise you on the merits of any potential claim or if you are on the receiving end of a construction claim, our experts will tailor their approach to suit your needs and aims.

We can help you with:

  • Payment disputes regarding construction contracts
  • LADs, late or defective construction work
  • Disputes relating to defective works/remedial works
  • Disputes relating to interim and final accounts, including extension of time and delay claims
  • Professional negligence claims against architects, construction companies and project managers
  • Retentions
  • Termination and/or variation of construction contracts
  • Reviewing construction contracts before entering into any agreements

Our team will deliver solutions in a clear, cost-effective, and strategic manner, always taking into account the wider commercial considerations which impact your business day to day.

Key contact

Stephen Baker PNG
Stephen Baker
Partner, Head of Dispute Resolution

What our clients say about us

We were very happy with our service. Being first-time buyers and brand new to the property world, Annari & Mary-Jayne relieved all of our worries and made our journey very stress-free and relatively easy. Thank you.

We received excellent support in reviewing and modifying our Wills to our latest needs. The communication has always been straightforward and very effective and we achieved the objectives we set at the beginning of the process. Strong expertise and legal knowledge have been key to the successful completion.

It was a very straightforward process & Charlotte explained everything clearly to us in a very friendly way & answered any queries we had. It was a pleasure to have her deal with this matter, and I would certainly come to your firm of solicitors on that basis. Thank you so much.

Paul provided calm, helpful, constructive and thorough advice on my matter and I will be in touch again to progress.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off too make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the entire process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

The service we received was exceptional. We were always updated and Annari would answer any questions I had immediately. Keep doing what you do Annari. Thank you so much for everything, and Amy too.

Thanks again, we’ve always felt in good hands. It is for this reason we’d highly recommend Herrington Carmichael and especially Annari.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the enitre process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

Both Holly Bray & Jessica Brooke were fantastic from start to finish on the purchase of my new build property. Nothing was an issues for them and I didn’t need to chase them for anything at all. I was kept well informed all the way through the process to completion and everything was dealt with in a very pleasant and professional manner. I would happily recommend Herrington Carmichael to anyone looking for a conveyancer for the purchase of their property. 5 stars.

From start to finish Herrington Carmichael staff have been excellent. Communication has been second to none and cannot fault them for everything. Would not hesitate to recommend them to anyone looking for a reliable, friendly and very efficient service.

Being first time buyer, Holly was very helpful in explaining the process and expediting all the things. Thank you very much for quick process.

Professional service, nice communication, I would have no hesitation in recommending and will be using them again in the near future.

They were super helpful, very efficient and had timely communication. I would use them again and recommend them to friends and family.

Laura and Amy have both been fantastic throughout the whole process. Both were very patient with any questions we had. Everything was made easy for us, making our first house purchase painless and enjoyable. We will certainly be using your company again. Thank you all so much.

Madelyn was always helpful, kind & supportive throughout.

Madelyn Wellstead is a fantastic Senior Apprentice Solicitor who worked on a family law case involving myself and my son. During her time working on my case she was extremely professional and supportive throughout. My case was a very complex case and had alot of ups and downs but Madelyn at all times kept Me informed and up to date. I would highly recommend her as very competent and very knowledgeable and an over all very nice decent person.

Over the past few months Nicole Miller, a Legal Director in Herrington Carmichael’s Private Wealth and Inheritance Department, has provided outstanding service in creating a trust for our family. From the outset, Nicole was professional, knowledgeable, and incredibly reassuring, guiding us through what could have been a complex process with clarity and patience. She took the time to understand our circumstances fully and explained everything in straightforward terms, ensuring we felt confident at every stage.

Nicole’s expertise, attention to detail, and responsive communication gave us complete peace of mind. She handled our matter with both precision and genuine care, making us feel that our family’s interests were truly valued. We are extremely grateful for her support and would wholeheartedly recommend her to anyone seeking expert and compassionate private wealth advice.

Considering the mess I was in when I first met you, I’ve managed to stay intact and that’s mostly down to your advice keeping me on the straight and narrow. For that I will always be grateful.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings. There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

What a joy to deal with a personable, on the ball and helpful individual! You do your organisation a great service helping clients now during Covid as you are, and I would not think twice about using your services in the future. Thank you for being you and going the extra mile!

Throughout the whole process, Roisin acted quickly on all aspects, was easy to get hold of, responded with pace and communicated fantastically, always finding effective ways to translate complex legal jargon into layman’s terms. Roisin is clearly operates at the top-end of her profession and as such, is someone I would wholeheartedly recommend.

I opted to use Roisin at Herrington-Carmichael to support with my purchase & sale as a result of her personable manner. Roisin made me feel that she had my best interests at heart and that I wouldn’t be just another transaction. Roisin more than lived up to my first impression, in fact I attribute the successful completion of my sale and purchase – which all but fell-through at the eleventh hour – to her tenacity, expertise and willingness to go above and beyond.

It’s been a pleasure working with you on my new venture. Your tenacious professional approach to the task in hand, has been refreshingly inspiring to say the least.

Sarah and her team have made this difficult time much better by the way they dealt with my case. The process was straightforward and i would use Sarah again without hesitation.

Sarah was very thorough, extremely knowledgeable but remained personable throughout making me feel at ease when needed.

Thank you again for all your help with what I have been through over the last year and a half. You gave me the confidence and belief to get through what has been the toughest time in my life. (You’ve got this) Thank you.

I can't thank Aadil and Madelyn enough for what they did for me in such a short space of time. I had previously used Aadil and didn't hesitate to contact him again regarding the issue I had.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off to make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I have had the pleasure of working with Liz on several complex property purchases, including overseas based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with client’s solicitors, in order to meet tight completion deadlines. I have no hesitation in recommending Liz for all property related legal matters.

I also would like to specifically recognise Rachel Duncan, Partner Real Estate, for her outstanding support. Her expertise in real estate, particularly within the housing sector, has been exceptional. She provided clear, pragmatic advice on a complex matter, helping us navigate potential disputes and avoid unnecessary costs.....Her practical, solution-focused approach, combined with her responsiveness and professionalism, made a significant difference. She is a real asset to the firm.

The property team have been diligent, timely and highly responsive. This has allowed us to focus on our developments knowing that the matter is in capable hands.

I am delighted with the level of service and advice I got from Rachel. I felt in a safe pair of hands which took the stress out of negotiating the lease with our new landlord. It allowed me to focus on the fit out of our larger office.

She has always been extremely knowledgeable and professional, providing fantastic support and skill across all property transactions.

Thanks for all your help with the finalising the renewal lease for our tenant company in Ottershaw. You ensured that the process went smoothly and we were able to discuss various aspects of the renewal and decide which factors were relevant to this transaction and which ones were optional.

We used Herrington Carmichael to assist with a neighbour dispute regarding trespassing. With Daniel’s support, we were able to achieve our desired outcome in a timely manner. Daniel was approachable, clear in his communication and instructions, and provided us with well-informed advice on the best options for resolution. All communication was transparent, and any costs incurred were clearly explained in advance before work was undertaken. We would not hesitate to use Herrington Carmichael again for any future legal services and would definitely recommend them to others.

Professional, informative and would recommend.

Thank you so much, Thomas, for your hard work, persistence and patience throughout the process of getting the required documentation over the line by the deadline. It certainly was a challenging and frustrating time with quite a few obstacles thrown in our way, but your determination got us there.

I would love to start by saying our experience with Herrington Carmichael has been amazing from start to finish, and I would highly recommend the firm. Thomas Joucan was absolutely brilliant, and I couldn’t be any happier with his professionalism and absolute integrity, with such speedy replies and getting all aspects of our purchase and sale tied in seamlessly. Without doubt a brilliant, honest and professional solicitor with a big future ahead.

Tim Hardesty is our residential development lawyer. He is a good lawyer and has offered very sound advice. He is able to provide advice on land purchasing, planning, SDLT and issues that impact on the land buying process. What I like about Tim is that he doesn’t use legal jargon and has a common-sense approach to land buying. He is proactive in getting deals done and, importantly from my perspective, doesn’t hold deals up over unimportant legal points. He is also very personable, and well known and liked by other professionals.

We've had a great experience with Herrington Carmichael when buying our first house! All of this was completely new to us and they made sure the process was smooth and easy! Lisa has been amazing and was a recommendation from some other family members who have used her in the past. Thanks again.

I have thoroughly enjoyed working with you. Your professional advice, responsiveness and straightforward approach have been invaluable.

I recently had the pleasure of working with Herrington Carmichael and I can't express how grateful I am for their support and expertise. From our very first interaction, they made me feel valued and understood my needs. Their professionalism and attention to detail were evident in every step of the process. The team was always available to answer my questions and provided clear explanations of the legal jargon, which made everything much more manageable. They navigated the complexities of my purchase with such skill and care, ensuring that I was informed and comfortable at every stage. It was clear that they were committed to achieving the quick turn around from agreement to completion, and their hard work truly made a difference. I could not have asked for a better solicitors in what could have been a stressful experience. I highly recommend Herrington Carmichael to anyone in need of legal services. Their dedication and proficiency are unparalleled, and I am incredibly thankful for the support they provided. Thank you for making this journey so positive!

It was a pleasure working with Liz and Hannah on this transaction, securing crucial funding for an iconic hotel in South Devon. The communication and commercial guidance from Liz, Hannah and the wider Herrington Carmichael team was first rate throughout. I would not hesitate in recommending them for future transactions and look forward to working with the team again soon.

Dealing with Hannah was very easy. She was very helpful and professional.

Absolutely spot on - well done. I cannot be more thankful to all of you for being extremely helpful and professional right from day one. Special thanks to Hannah for getting everything sorted out at the last minute. Thank you for the excellent service and helping us out at every stage of our first house purchase. You will always be remembered!

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Meet our experts

Dedicated professionals ready to assist you.

Stephen Baker PNG
Stephen Baker
Partner, Head of Dispute Resolution
Edward Jones PNG
Edward Jones
Partner
Mike Pollard PNG
Mike Pollard
Legal Director
hc_team-placeholder
Ben Millward
Legal Director
Jed Temple PNG
Jed Temple
Senior Solicitor
Oliver Williams PNG
Oliver Williams
Solicitor
Florrie-Aylward-PNG
Florrie Aylward
Solicitor
Chloe-Santer-PNG2
Chloe Santer
Solicitor
Daniel Leitao PNG
Daniel Leitao
Solicitor
Francesca Falzarano PNG
Francesca Falzarano
Solicitor

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

It is a common misunderstanding that a contract must be on paper and signed between the parties to be binding. An unsigned contract or the absence of a contract completely does not mean that there is no contract in place and that the parties are potentially bound by what was agreed upon by the parties. A written contract provides better evidence of the parties’ agreement, but contractual obligations can arise in other ways. If you require any advice on whether you have a contract or wish to claim against a party when there is or is not a formal contract in place, we would be happy to assist you.

What constitutes a construction contract may surprise many, as there are numerous contracts which may not be an obvious construction contract but will be classed as one.

The definition of a construction contract is contained in section 104 of the Construction Act and states that a construction contract is “an agreement with a person for any of the following:

  • The carrying out of construction operations
  • Arranging for the carrying out of construction operations by others, and
  • Providing labour, or the labour of others, to carry out construction operations”.

Whilst this may appear to be an easy application, this definition can also include architectural, design or surveying work. It also applies to contracts involving engineering, decoration, and landscaping works.

The Construction Act goes further to define what “construction operations” (as set out in section 104 above) are. Section 105 of the Construction Act provides a rather wide definition of “construction operations” which includes:

  • The construction, alteration, repair, maintenance and demolition of buildings and structures.
  • This is not limited to buildings but also includes works which form part of the land, such as walls, roads, power lines, phone masts, runways, docks, harbours, industrial plants, land drainage and coastal protection.
  • Internal works such as the fit out, installation of heating, mechanical and electrical systems, fire protection, security, and communications systems.
  • The definition of a construction contract under the Construction Act even goes so far as to include cleaning (in the context of construction), decoration, painting, excavation works and site clearance.

It is worth noting that there are some contracts which are expressly excluded, such as:

  • Those which include drilling for or extraction of oil/gas, extraction of minerals, some works where the purpose is to assist in nuclear processing, power generation, water effluent and the production/processing or storage of chemicals, pharmaceuticals, oil, gas, steel or food and drink
  • Contracts for residential occupiers, e.g., a house extension where the homeowner occupies the main house
  • Contracts lasting less than 45 days

Since 2009, the requirement for a construction contract to be in writing has been removed, provided all other requirements under the Construction Act were met. However, a written contract is always preferable. A written contract gives the parties more certainty on the terms which govern their relationship. It is also common for parties to discover that their position differs on certain issues, and the negotiation of the contract terms helps to minimise the possibility of a future dispute.

It is important to understand your legal position under the contract.

What happens if you incorrectly assume you have a construction contract? This means that the statutory protections do not apply to you. As an example, parties only have a mandatory right to adjudicate if the relevant contract is a ‘construction contract’. If a party starts the adjudication process and the relevant contract is not a ‘construction contract’, this means that the other side could contest the adjudicator’s right to determine the underlying issues and the dispute itself.

What happens if you incorrectly assume you do not have a construction contract? Payment disputes are probably the most common type of dispute in the construction industry. Parties therefore need to understand their obligations and rights relating to payment dates, Payment Notices, and Pay Less Notices. Falling foul of any obligation imposed by the contract or the Construction Act can have severe legal and financial consequences.

Many disputes have arisen because one or both parties did not fully appreciate the applicability of the Construction Act to their contract.

These are a suite of “off the shelf” contracts which have been created and approved by the Joint Contracts Tribunal for use in the construction industry. These contracts can save time and minimise cost when looking to enter into a construction contract; however, when looking for flexibility and a more unique contract, these will not be appropriate. We would be pleased to advise you on the appropriate contract for your project and what the terms of any particular JCT contract mean.

Construction disputes are dealt with by the Technology and Construction Court (TCC). Adjudication, arbitration and mediation are other forms of dispute resolution processes in the construction industry. We would be pleased to advise you on any dispute you may have in the construction field.