Construction disputes

Construction disputes can occur in a wide variety of situations ranging from large scale development issues, to disputes with sub-contractors, to problems with residential conversions and extensions. The often occurrence of multi-party multi-issue disputes in construction actions makes it even more essential that bespoke legal advice is taken as soon as a dispute arises.

Our expert team has acted for developers, builders, engineers, sub-contractors, suppliers, builders, architects, surveyors, insurers and individuals across all areas of Construction Law - including contractual issues, NHBC disputes and JCT Contractual matters as well as domestic and international Arbitration proceedings.

Ways to proceed

Construction litigation can often be highly contentious and emotive particularly when people’s homes are involved. There are occasions when there is no alternative to a Court ordered determination of a dispute, particularly if there is contractual interpretation required. The team at Franklins can advise you if this is the best course of action.

There are, however, also alternative options to a Court based resolution and our team are experienced practitioners in Alternative Dispute Resolution methods and specifically Mediation. In most cases, the utilisation of Mediation at the correct stage can often be the most proportionate method of construction dispute resolution. The advantage of Mediation is that all parties (which can include developers to builders, individuals to insurers) can be present in order to try to agree a pre-trial and proportionate resolution of the dispute. In addition, in the case of larger scale development disputes attempts at negotiation can permit the continuation of the overall project as a whole so deadlines can be adhered to where possible and damage claims avoided.

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