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

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!

The Real Estate team at Herrington Carmichael were excellent in dealing with this transaction, they delivered their expertise in a pragmatic and commercial way maintaining a professional and responsive approach throughout. They provided clear, commercially informed guidance, and took a highly structured approach to coordinating the requirements of our lender, the transaction as a whole and our development strategy. I'd like to thank Liz and the team for all their support in helping the Chartwell Group successfully complete the transaction. We really appreciated their guidance and look forward to working with them again in the future.

Jamie and Hannah made a complicated BTL sale as easy as possible, pushing back hard against a challenging solicitor and ensuring the right result was had as speedily as possible. Both were incredibly informative and I didn’t once have a concern for communication. I would highly recommend them both and thank them again!

I have been very impressed both with Claire’s professionalism and her friendly and responsive manner.

The phrase “outstanding service” is not one I use often, but I have to hand it to you, yet another seamless property transaction completed. Thank you!

Very many thanks for the prompt and efficient way you dealt with all three [plot] sales.

Robyn Whitmore at Herrington Carmichael is exceptionally proactive and handles our high-volume, complex conveyancing work with precision and good grace. We have come to rely on both Robyn and Claire McSorley, who integrate seamlessly into our team, consistently anticipating challenges and delivering solutions. We rely on their professionalism and dedication and genuinely enjoy working with them – they are an invaluable asset to any property transaction.

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.

Thanks so much for your assistance with this lease agreement, it has been a pleasure working with you from start to finish. You have been so responsive to emails and very clear with all of the necessary information so I will be sure to recommend you to anyone that asks.

This was my first time using their services, and I was thoroughly impressed by the professionalism and responsiveness of the team. The quick communication and support made the entire process smooth and stress-free. I will definitely be using their services again in the future.

Having been recommended Herrington Carmichael to aid us with the sale of our business the Regency Cafe, I was immediately impressed with their clear, calm and thorough attitude guiding us through all the different aspects of the sale, whether it be in corporate, lease matters, employment or dispute resolution. I most notably dealt with Anna Svensson in Real Estate and Edward Beedham in Corporate, and despite the matter taking much longer than anticipated, proving somewhat frustrating at times, they remained professional, communicative and clear-headed, giving sound advice and working in a timely and responsive manner, ultimately reaching a satisfactory conclusion with the sale of my business. I have had no cause for complaint with their service whatsoever and are immensely grateful for all their help. I would not hesitate to recommend them.

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.

On behalf of Ascend Clinical Research, we would like to thank the HC team for the professionalism efficiency and strategic approach they have fostered to ensure our project transaction and legal requirements are fulfilled and secured. The team has always been accommodating and kind to explain and guide us on the next steps and the rationale for the legal processes taking place. We felt safe, secured and reassured.

Thank you for helping me to apply the exceptional assurance and I got the application succeed very quickly.

Usof was a pleasure to work with and his wealth of knowledge on the topic of immigration law was evident. We collaboratively delivered a successful webinar to hundreds of construction professionals on the post-Brexit immigration system and Usof was able to answer complex questions on the spot, demonstrating his attention to detail and professionalism. We would not hesitate to recommend Usof and Herrington Carmichael.

Usof Shah has been a great source of information and guidance both in setting up to become a sponsor and also in getting candidates sponsored.

The team provides useful guidance and support on the pitfalls and processes of being a sponsor. The team helps set everything up to become a sponsor as well as assisting with processing CoS applications.

Very knowledgeable in an often complex area. The depth of knowledge seems to extend through the team. They will act as our agent if/as necessary, taking full responsibility for things like Visa applications.

They provide tremendous, responsive and friendly support both professionally and emotionally. They always listen to clients carefully and give bespoke advice for legal matters.

I have always found the team to be very responsive in any query posed to them. They take the time to listen and understand any issues. They are very customer service focused, professional and a pleasure to work with.

I have worked with Usof Shah for a number of years within Immigration services. Usof is always willing to explain processes clearly and takes time to make sure I understand what I need to do. He is very clear in explaining what work needs to be carried out from him and his team and always provides costing upfront so there are no surprises.

Usof Shah is the best solicitor that I have ever worked with. He always does his best to answer any concerns and gives the best advice based on his up-to-date expertise.

I want you to know that I have been so pleased to work with you on this. Despite me working with IR35 for many years in has been amazing to gain your insight and knowledge on this legislation and the reform. Your knowledge, advice and general 'chat throughs' have been so great for me. You are second to none on this and I couldn't thank you enough.

Matt is a truly brilliant lawyer. He has great expertise in employment matters, he is very responsive, but above all his advice is always pragmatic and very clearly explained. I have both worked with Matt and sought advice as a client from Matt and it has always been a pleasure. I would not hesitate to recommend him for employment law related matters

Matt is clear, straight talking, smart and practical. He really brings that value add that you go a long way to find. One of the very best employment lawyers out there.

Matt Jenkin is very responsive, highly knowledgeable and very commercial, one of the best employment lawyers you will find.

Darren Smith is an exceptional employment lawyer. His knowledge and professionalism goes without saying. Beyond this, he is pragmatic and able to take a commercial view on issues that require problem solving. He is very personable which makes him very easy to work with.

I am delighted to recommend Alistair and the employment team at Herrington Carmichael. As a business we have had a variety of complex employment related matters in recent times. Alistair and Robert are always able to provide advice and guidance on the legal considerations and commercial practicalities of the situations we are faced with.

I am always pleased with the support and assistance provided by Alistair and the employment team at Herrington Carmichael. I rely on Herrington Carmichael to be readily available to give advice relevant to our issue and our business.

Alistair is always on hand to give practical, commercial advice on the various employment queries we have. Support is always provided in an effective commercial manner and with a smile.

Alistair and his team at Herrington Carmichael continue to provide us with the highest level of support on the various employment law issues which have arisen. I would highly recommend them and the services that they provide.

Alistair is a bit of a star. He has the confidence to steer cases strategically without losing sight of the commercial sense over legal strengths. He is personable but also tenacious for his clients. He has great knowledge and experience in all employment matters. His instructions are always comprehensive. He is particularly brilliant in TUPE-related matters.

Commercial specialist Mark Chapman ‘has strong technical knowledge and deals expeditiously with requests’ and ‘takes the time to understand clients’ businesses and shape his advice and support in a way that works for the client.

Mark Chapman is extremely thorough and has a good eye for detail, but advises with a very good balance of technical legal advice and commercial/practical suggestions.

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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, Dispute Resolution
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.