Our expert construction dispute resolution team has the experience and sector understanding needed to get the best result for you in complex, high-value construction disputes and claims when problems do emerge. Our staff frequently gets involved in a project long before any formal disagreements surface, and we will offer support while a project is being implemented to help resolve conflicts whenever possible without using a formal dispute resolution procedure. However, if a formal dispute resolution procedure is required, our team of highly skilled dispute lawyers from across the North West.
How we can assist you
Our team has provided advice to clients on some complicated engineering and construction projects with a particular focus on the resolution of difficult disputes through litigation, adjudication, or mediation.
As well as litigation, our team can offer assistance from a commercial drafting perspective, whether this includes terms and conditions, collateral warranties or subcontractor agreements.
The current landscape
Construction disputes are prevalent – it has been reported that one in eight companies experiencing financial difficulties across the UK in the fourth quarter of 2022 were in the building trade. This means that construction as a sector is the third worst-hit industry, after property and support services.
The practice of folding companies and starting afresh with a NewCo or Phoenix company is also a particular quirk of the construction industry, which is why any potential dispute should investigate whether individual liability can attach to a director as opposed to a company that may shortly be struck off Companies House or become balance sheet insolvent.
The knock-on effect for companies and subcontractors is that unpaid invoices are a significant issue, especially where problems arose due to building materials’ rising costs. Whilst this can be rightly perceived as a debt recovery issue, as a dispute relates to the construction sector, it does mean that the Pre-Action Protocol for Construction and Engineering Disputes should be followed. This often applies to even relatively small-scale projects, such as an extension or renovation.
If you would like a free non-obligatory chat with one of our expert solicitors you can call us on 0800 046 9976 or you can fill out the online contact form.
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