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

Aadil and the team were excellent and very professional in their efforts to get the legalities to a swift conclusion which is much appreciated. We have used HC for drawing up wills etc and are very impressed with their high standards and professionalism, I highly recommend.

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction right from the initial negotiations. They delivered their expertise in a pragmatic and commercial way emphasising the importance of having a legal team with the relevant industry knowledge and experience in complex renewable energy and infrastructure agreements. They acted efficiently and responsively and maintained a professional approach throughout the transaction particularly when dealing with unexpected requirements and stringent timescales.

Liz Hailey has been my primary point of contact at Herrington Carmichael and has become a trusted adviser to me and my clients. Liz possesses unparalleled legal knowledge and offers a unique approach to issues, thinking outside the box to come up with solutions. The collaborative approach within the business ensures that we have access to a variety of different legal departments offering an end-to-end service. The communication has been a primary factor in my continuing use and recommendation of Liz and HC.

Rachel Duncan, Anna Svensson, Charlotte Keeper, and Jed Temple are working as a team with both extensive and developing skill sets to collectively deliver a valued leasehold acquisition and advisory service to our in-house team of property professionals. Trusted advice and guidance are always available and quick to respond.

A dedicated, commercially minded team at all levels, with direct communication to principals is a real benefit to us.

I deal with many law firms and in recent years I have noticed a 'shift' toward an 'over' emphasis on ensuring boxes are ticked rather than being solution-led. Jamie Lynch and his team struck the right balance and never forgot that the client actually wants the best outcome!

A strong real estate team with London experience in transactions while also located in the regions. Good communication and sufficient cover when anyone in the team is away from the business. Adapts to client requirements and maintains open communication throughout transactions.

Liz Hailey - huge depth of range, knowledge, and experience in the real estate sector. Liz has picked up our requirements very quickly and has accommodated these where needed. Liz explains things in a simple but knowledgeable manner, and we are confident she is acting in the best interests of her client at all times.

They are genuinely engaged and thoughtful people to work with through a variety of transactions. The key from my perspective is that all challenges are put into relevant context with thorough recommendations made.

The breadth of experience across a wide range of challenging assets is absolutely clear. Expectations and time scales are well managed proactively. Picking up the phone to discuss is of key value; thank you.

We have also greatly benefited from the excellent work of Usof Shah, Immigration Director, whose expertise has been instrumental in helping our members address critical skills shortages in the construction industry. Usof has provided clear, actionable guidance on immigration laws, empowering our members to legally employ skilled foreign workers and sustain their businesses. His commitment extends beyond traditional legal services - he has delivered live webinars and offered free advice to some of our SME members, which was highly valued and, in several cases, helped save their companies. This combination of deep legal expertise, accessibility, and genuine care for clients' success sets him apart from others in the field.

Throughout my UK career, I came across many solicitors and solicitor firms. But Herrington Carmichael is the best so far. Their quick response, wider knowledge, and straightforward decisions come with a very competitive advisory fee. I can easily recommend them, and I did. Their success rate for me is 100%. In a nutshell, they are brilliant.

The individual deals with my requirements and makes sure I fully understand what he is advising and what the best way to proceed is.

Responsive, commercial, and able to explain immigration requirements in clear, simple terms.

The individuals we work with stand out for being approachable, knowledgeable, and responsive. Usof Shah, in particular, has been extremely professional, helpful, and practical in his advice.

Usof Shah stands out for his strong combination of technical expertise, commercial awareness, and responsiveness. He is able to explain complex immigration matters in a clear and practical way while remaining highly approachable and solutions-oriented throughout the process. What differentiates him from competitors is the level of personal attention and ownership he brings to matters. He is proactive, detail-oriented, and demonstrates a strong understanding of the operational and business needs of his clients rather than approaching matters from a purely technical perspective. I have particularly valued his responsiveness, clear communication, and ability to manage matters efficiently under tight timelines. He consistently provides pragmatic advice and maintains a high level of professionalism, which creates a strong sense of confidence and reliability throughout the engagement.

Usof Shah and his team stood out for their professionalism, responsiveness, and clear communication.

Herrington Carmichael’s team stands out for its strong expertise in immigration matters, combined with a highly personalized and responsive service. Over the past few years, they supported me and three members of my family, managing each of our individual cases efficiently and professionally. Compared to other firms, they are notably more organized and responsive.

Dedicated family law team with a passion for the area and a strong commitment to client service. Technically excellent lawyers with good legal judgment. Pragmatic and solutions-focused, providing realistic advice enabling clients to make informed decisions from an early stage.

I have always been impressed with how strong the team's commitment is to client outcomes and how well they balance each other in pushing forward for an outcome while also exploring settlement.

Personalised service - understood requirements. Work lasted several years and through several partners and associates, but the practice was able to ensure a seamless handover of information. Billing was clearly supported.

Herrington Carmichael punches above its weight. For a relatively small firm, it provides excellent service for high-net-worth individuals.

Sarah Speed is an outstanding family lawyer who is a joy to work with. She is very bright as well as being a calm and reassuring presence for her clients. Her down-to-earth and pragmatic advice means that she is not distracted in a case from the issues that matter. She is no pushover, and her clients can rest easy in the knowledge that she will skillfully argue their case for them when necessary, but also find a compromise when contested litigation is not the best way forward for her client.

I am not familiar with the team, but rather with one of the partners, Sarah Speed. However, it seems to me that the breadth of work that the firm covers provides good cross-pollination of legal expertise across various sectors, which may be enormously helpful in some cases.

A lovely team. All very professional and, importantly, friendly.

Graeme Black comes with a host of experience delivered in a manner that is simple to understand. He is friendly, supportive, and a great asset to the firm.

They are extremely knowledgeable about their field and genuinely care about the clients. They are honest and transparent.

Stephen Baker is exceptionally well-experienced, has a steadfast, logical mind, and an incredible ability to pinpoint real issues.

Very knowledgeable team, highly client-focused and with generally quick turnaround of any requests. Very professional approach and very open and honest with their respective areas of expertise.

Stephen conducted complex and challenging litigation and responded to the demands of a demanding client with great patience, determination, and tactical astuteness, while also developing a strong and positive relationship with the other members of the legal team, including counsel. He is a seasoned and highly skilled litigator.

From the first person I spoke to, then to all of the team, they were all polite, precise, and knew exactly what service I was going to need.

Jed was brilliant and really compassionate about my tough situation. He was calming and reassuring when I was quite stressed about my situation. This alone was a real quality that helped me out and one that made him stand out. The whole team was brilliant, very clear on what needed to be done and what the process would look like.

I have now met several partners across a number of disciplines and find them all most accommodating. Mostly, we deal with the litigation team, who are very good, provide sound advice (even when it is not what you want to hear), and are personable and professional. The conveyancing team is also very efficient and seems to look to reserve costs where they can, which is very impressive. HC's billing is also good, quick, and easy to understand.

I have done a lot personally and with my firm over the years with Ed Jones, who is especially effective and with whom we have had a number of wins. He is also a very effective mediator. Jed Temple too has provided excellent advice, and Michelle Lambeth has also been helpful and accommodating.

The whole team was brilliant. They were great at listening and understanding my problem, with the main thing being reassuring about my situation. They explained clearly the different approaches to take and what the outcomes could be.

Friendly service with a clear understanding of what services are involved in a complex legal environment.

The personal touch made me feel like a normal person who made a mistake. They were always quick in responding to my emails and didn’t make me feel like just another case. They related to me in my scenario.

The team's strengths were being very knowledgeable and being able to explain to me the process we would go through with the possible outcomes.

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.

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Meet our experts

Dedicated professionals ready to assist you.

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

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.