Construction Litigation Claims

 

1. What is a construction and engineering dispute?

Our expert Construction Law team at Francis Wilks & Jones are often asked, “what is a construction engineering dispute? Construction disputes arise from environmental and behavioural factors. There are many different causes of disputes in the construction industry. When not dealt with quickly, construction and engineering disputes can waste money drain profits and destroy the commercial relationship and takes energy away from projects. Construction delays, variations, efficiency issues and exceeding cost can be some causes for the dispute to arise in a construction project.

Typically, construction and engineering disputes occur between the owner and the main contractor, sub-contractors, sub-subcontractors and design professionals. The main source of this problem is the lack of precision in the contract description between involving parties. There are many standard form contracts like JCT, NEC, ICE, Fidic, MF/1, IME and Logic.
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2. What is a construction dispute

We are commonly asked “What is a construction dispute” It is basically a claim between any parties to a construction contract. However, there are many different ways in which a construction dispute can be solved – and we have the expert construction solicitors to help

The vast majority of construction disputes can be resolved at an early stage without recourse to formal construction litigation processes. However, this is so only if the construction disputes are tackled before they have escalated or had a knock-on effect on other aspects of the construction project. Whether it is a construction claim or construction dispute, it is important to identify the most appropriate way of tackling the issues. Construction claims and construction disputes need to have their scope contained thereby minimising impact on the construction project itself. Often, construction law and dispute resolution involves complex technical disputes arising from catastrophic design failings. Construction dispute resolution can also involve time (delay) and quantum (cost or final account) disputes.

It is important to understand the culture of a construction site and have insight into how the other party is likely to act. Generally, this is invaluable in resolving the dispute successfully.
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3. What is a dispute in construction?

FWJ undertake construction dispute resolution and we are regularly asked, “what is a dispute in construction?” Construction contracts often involve huge sums of money with significant risk at stake. This sometimes creates tension for the contracting parties. Construction claims, construction disputes and/or construction dispute resolution require third party determination, i.e. judge (construction litigation), or adjudicator/mediator/arbitrator/expert determiner (alternative dispute resolution in construction industry and alternative dispute resolution construction).
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4. How do you handle a dispute with a contractor?

Francis Wilks & Jones’ construction disputes team is often asked “how do you handle disputes with a contractor”. Keeping good relations with contractors is essential for every business. Disputes with construction contractors arise rapidly and can cost your business valuable time and money if they are not resolved quickly you should try to handle a dispute with a contractor to avoid long-term damage to your business or your relationship with the contractor and the need to go to court, adjudication, arbitration or expert determination.
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5. Can a construction contract be terminated?

Construction projects rarely go exactly as planned. When parties to construction claims, construction disputes, construction dispute resolution and construction litigation fail to uphold their end of the bargain, hard choices must be made. One of the hardest choices might be moving forward with a notice of termination. Francis Wilks & Jones’ construction disputes team regularly advise employers, contractors and sub-contractors in relation to issues of terminating a construction contract.
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6. Can I terminate a building contract?

We are often asked Can I terminate a building contract? Terminating a building contract is risky and has wide-reaching consequences for all who are involved. Sometimes relationships or communications break down between the parties to a construction contract. One party may feel that the other is not performing according to the terms of the construction contract. Disagreements can arise due to costs, time or quality of the build. Consequently, the parties may wish to bring the contract to an end. However, terminating a construction contract is not an entitlement.
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7. What can I do with a bad contractor?

Francis Wilks & Jones’ construction disputes team are regularly instructed by clients seeking remedies against “bad contractors”. In construction and engineering projects the nature and type of defect can vary dramatically, as can the point at which they become apparent. At one end of the scale minor defects can easily be corrected before the building or plant is handed over to the employer, while at the other extreme significant defects may occur long after the original work has been completed and require extensive remedial works to fix.
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8. Can I sue my contractor?

One of the frequent questions asked by FWJ’s specialist construction law team is “can I sue my contractor?” It is right to say that many situations can arise to generate claims against a contractor, resulting in claims and disputes in construction including construction litigation between employer and contractor under a JCT contract.
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9. Can I refuse to pay contractor?

We are frequently asked the question, “can I refuse to pay contractor?” There is no doubt that payment disputes under construction contract law are common. There are various reasons why an employer may wish to refuse to pay a contractor. These include defective works, delay in completing works and potentially overpayments. All of these issues are the possible trigger for an employer to take early advice from construction disputes lawyers.
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10. How do I go after a bad contractor?

FWJ are commonly asked the question, “how do I go after a bad contractor?” It is a fact that construction projects rarely run completely smoothly. For example, additional works may be required by the employer; defects may occur; delays may result in the works taking longer to complete and/or it could cost more than the parties originally contracted for at the outset.
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11. Types of construction claims

FWJ’s specialist construction disputes team are regularly instructed to advise as to the types of construction claim that might be triggered. Such construction claims, construction disputes and/or construction litigation range from: breach of contract; interpretation of agreement; valuation of construction works; variation; extension of time claims (“EOT”); loss and/or expense claims; professional negligence claims; defects claims; environmental claims; breach of warranty claims; product liability claims; and/or freezing injunctions.
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12. Dispute resolution procedures in construction

Our specialist construction law team at FWJ are often asked to advise in relation to dispute resolution procedures in construction. The construction sector is thought to be one of the most dispute burdened industries. Consequently, it has resulted in it being littered with construction claims, construction disputes and construction litigation/construction dispute resolution. For many years, the parties would engage in costly litigation with a view to resolving a dispute. Subsequently, the various methods of alternative dispute resolution (“ADR”) have been phased into the construction industry in order to seek to avoid lengthy and expensive court proceedings.
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13. Construction dispute resolution hierarchy

FWJ’s expert construction law team are often asked to express a view on construction dispute resolution hierarchy. For many years the traditional way of seeking to resolve construction claims and/or construction disputes has been by the commencing of construction litigation. However, such a process can be costly and time consuming for the parties. Consequently, with the introduction of alternative dispute resolution (“ADR”) construction claims, construction disputes and/or construction litigation began to be referred to adjudication, mediation, arbitration and/or expert determination.
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14. Construction disputes definition

FWJ are regularly asked to express a view on construction disputes definition. The word “dispute” is defined in Section 108 of the Housing Grants, Construction and Regeneration Act, 1996 (as amended). If more than one construction dispute is referred to adjudication, the other side is likely to contend that the adjudicator lacks jurisdiction. When the issue does arise in construction claims and/or construction disputes, it is usually left for the court to interpret on an enforcement application by way of construction litigation.
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15. How do you resolve a construction dispute?

FWJ’s expert construction law team often give advice as to the question, “how do you resolve a construction dispute?” There is no doubt that construction claims and construction disputes are a normal occurrence in the construction industry.

FWJ’s experienced construction law team are regularly asked, “how do you resolve a construction dispute?” It is a fact that construction claims and construction disputes invariably incur the parties in a considerable amount of time and expense. Claims and disputes in construction normally arise between a contractor and employer or between a sub-contractor and main contractor.
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16. Why do construction disputes occur?

FWJ are often asked, “why do construction disputes occur?” Probably the biggest cause of construction claims, construction disputes and/or construction litigation is insufficient care with regard to the form of the construction contract. Employers would, therefore, be well advised to invest both time and money in their “front end” investigations and due diligence. It is usually a “recipe for disaster” when a complex project is governed by an inadequate construction contract. For example, even a JCT minor works contract should identify specific responsibilities in relation to the specification, timetable for works, valuations, payments, defects and of course procedure for construction dispute resolution.
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17. Can I withhold money from a contractor?

FWJ’s specialist construction dispute resolution team are often asked, “can I withhold money from a contractor?” Under the Housing Grants, Construction and Regeneration Act (as amended), there are strict obligations on parties wanting to withhold monies. Essentially, this relates to construction contracts entered into after October 2011. Parties under construction contract law are required to serve a “Pay Less Notice”, which is similar to the former withholding notice that was required to be served under construction contract law before October 2011.
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18. What happens if a contractor doesn’t finish the job?

We at FWJ are regularly asked, “what happens if a contractor doesn’t finish the job?”

Unfortunately, this is not an unusual occurrence in construction contract law and often building dispute solicitors and construction litigation lawyers such as FWJ, need to be engaged for guidance and specialist advice.​
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19. Can a contractor charge more than the quote?

FWJ are often asked, “can a contractor charge more than the quote?” It is important to remember that a quote is different to an estimate. An estimate is normally representative of the contractor’s best professional assessment whereas a quote should be a total price in respect of a specific job or amount of work agreed to be undertaken under construction contract law.
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20. Construction disputes avoidance and resolution

FWJ regularly advise and give guidance on construction disputes avoidance and resolution. The UK has the shortest average length of time to solve a construction claim and/or a construction dispute. However, the number one cause of disputes on construction projects in the UK continues to relate to a failure by the parties to administer the construction contract. It is noteworthy that over 60% of such disputes on construction projects reveal that proper contract administration would have had largest impact in avoiding construction claims, construction disputes and/or construction litigation.
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21. Causes of construction disputes

FWJ are regularly asked to express a view and give advice on the issue of causes of construction disputes. It is common knowledge that claims and disputes in construction arise from environmental and behavioural factors. Normally, construction claims, construction disputes and construction litigation occur between employer and the main contractor, main contractor and sub-contractor and design professionals. Delays in building, efficiency problems, variations and increased costs are usually the main causes for claims and disputes in construction. This can arise from a lack of particulars in the contract description between the parties.
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22. Avoiding disputes in construction

FWJ’s specialist construction dispute resolution team are often asked for guidance in connection with avoiding disputes in construction.

Following the collapse of Carillion in January 2018, building disputes solicitors like FWJ have been reviewing the importance of achieving the avoidance of construction claims, construction disputes and construction litigation. Parties to construction contracts have been looking to adopt improved internal policies with a view to making sure that their businesses are increasingly less exposed on risk.
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23. Construction disputes – common issues to consider

The team at Francis Wilks & Jones deal with numerous construction related disputes for a wide range of parties ranging from contractors, sub-contractors, engineers, employers and surveyors.  However, there are always common threads or themes in construction disputes and through our construction experience, can help use this for your benefit when dealing with a construction dispute. Contact us now and we can help
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24. Construction disputes and standard forms of construction contract

We are often asked to advise on Construction disputes and standard forms of construction contract. This is one of many areas the expert construction solicitors at Francis Wilks & Jones can help with. Understanding your construction contract and how this can be used to resolve construction disputes at an early stage is vital for anyone involved with or facing a claim.
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25. Construction Disputes – what we see in day to day construction claims

We deal with all types of construction disputes and on a wide basis.  The claims we get involved in can be at the construction Pre Action stage right through to construction litigation claims, construction adjudication, construction arbitration and other types of building contract dispute resolution.  Our construction law team has pretty much seen it all!
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26. Construction Disputes and the issue of Delays

The issue of delays and responsibility for those delays in construction claims is often a very important issue. Resolving those issues early on can make the difference between formal construction litigation claims and resolving the construction claim early on at the construction pre action protocol stage.  Contact one of our construction law team experts today.
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27. Construction contracts and construction claims – key role of the engineer

The engineer in a construction contract plays a key role. It is crucial to avoiding construction disputes and helping to resolve construction claims. At Francis Wilks & Jones we work a lot with construction engineers in a wide range of situations. Contact us now and our construction law team will be happy to help, whether in the context of a construction dispute or otherwise.
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28. Construction disputes and construction claims – work not completed to specification

The construction law team at Francis Wilks & Jones often get asked to advise on construction disputes and construction claims. Often those enquiries relate to the construction work not being completed to specification. If you have a construction enquiry of this nature, contact one of our friendly construction lawyers today and we can assist.
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29. Construction contracts and the key issues in them

The construction law team at Francis Wilks & Jones often get asked to advise on construction contracts and the key issues which arise in them.  Often this is done in the context of an impending or ongoing construction dispute. If you have a construction enquiry of this nature, contact one of our friendly construction lawyers today and we can assist.
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