1. Introduction
Construction projects are complex, involving multiple parties, contracts, and financial commitments. Disputes between homeowners, builders, subcontractors, and developers are common. If you’re facing one, a construction dispute solicitor UK can provide expert advice and representation to protect your interests.
2. Common Types of Construction Disputes
Construction disputes in the UK often involve:
- Payment disputes – unpaid invoices, late payments, or overcharging.
- Defective or poor-quality work.
- Project delays and missed deadlines.
- Contract breaches or unclear terms.
- Variations – disagreements over extra work and costs.
- Negligence claims – professional errors by architects or contractors.
3. The Role of a Construction Dispute Solicitor UK
A solicitor can:
- Review and interpret construction contracts.
- Advise on rights under the Construction Act 1996 and other laws.
- Represent clients in mediation, adjudication, arbitration, or court.
- Draft letters before action and settlement agreements.
- Help enforce or defend payment claims.
4. Legal Protections in Construction Disputes
Key UK laws that protect parties include:
- Housing Grants, Construction and Regeneration Act 1996 (Construction Act) – sets out payment rights and dispute resolution mechanisms.
- Consumer Rights Act 2015 – ensures reasonable care and skill in services.
- Supply of Goods and Services Act 1982 – applies to older contracts.
- Limitation Act 1980 – sets time limits for claims (generally 6 years).
5. Dispute Resolution Options
Solicitors often recommend resolving disputes without full court proceedings:
- Negotiation – direct discussions between parties.
- Mediation – a neutral mediator helps reach settlement.
- Adjudication – quick and binding decisions on payment disputes.
- Arbitration – formal process, often used in large projects.
- Court action – last resort for unresolved or high-value disputes.
6. Payment Disputes in Construction
- Contractors and subcontractors are entitled to interim payments under the Construction Act.
- If invoices are unpaid, a solicitor can issue a statutory demand or pursue debt recovery.
- Defences may include defective work, overcharging, or incomplete work.
7. Defective Work and Negligence Claims
If construction work is defective:
- A solicitor can help claim the cost of repairs.
- Expert reports (surveyors, engineers) are often used as evidence.
- Claims may be against builders, subcontractors, or professional advisers (architects, surveyors).
8. Delays and Extensions of Time
- Contracts usually include deadlines for completion.
- If a project is delayed, disputes may arise over responsibility.
- Solicitors can advise whether liquidated damages (penalties) apply or whether delays were outside the builder’s control.
9. Choosing the Right Solicitor for a Construction Dispute
When selecting a solicitor, look for:
- Specialist experience in construction law.
- Membership of construction law panels or associations.
- A clear strategy for negotiation before litigation.
- Transparent costs (fixed fees, hourly rates, or conditional agreements).
10. Costs of Hiring a Construction Dispute Solicitor UK
- Initial advice sessions may be offered for a fixed fee.
- For small disputes (under £10,000), costs may be proportionate to the claim.
- Larger disputes may require ongoing representation and expert witnesses, increasing costs.
11. Preventing Future Construction Disputes
- Always use a written contract with clear terms.
- Agree on payment schedules and variation processes.
- Document changes in writing (not just verbally).
- Keep records of communications, invoices, and work progress.
Frequently Asked Questions
1. Do I need a solicitor for every construction dispute?
Not always. Smaller disputes may be resolved directly, but legal advice helps protect your position.
2. Can a solicitor help me if my builder walked off the job?
Yes, they can help recover damages, arrange completion by another contractor, and pursue legal claims.
3. What is adjudication in construction disputes?
A fast-track process under the Construction Act for resolving payment disputes, usually within 28 days.
4. Can I claim for delays in a building project?
Yes, if the contract included deadlines and the builder was at fault.
5. What if I don’t have a written contract?
You can still pursue a claim using emails, texts, invoices, and witness evidence.
6. How long do I have to bring a construction dispute claim?
Typically 6 years from the date of the breach, or 12 years for contracts executed as deeds.
Conclusion
A construction dispute solicitor UK provides vital support in resolving conflicts over payments, defective work, delays, and contracts. With expertise in construction law, they can help you negotiate settlements, pursue compensation, or defend against unfair claims. Acting early and keeping good records can make all the difference in achieving a fair outcome.