Building disputes 

Advising businesses

Property is a major asset for both individuals and businesses alike and, given the detailed nature of building contracts, disputes frequently arise concerning quality of work, timing and compliance with contract terms. When problems arise, Freeths will work with you to provide prompt, proactive and clear advice.  

Our team regularly acts for a wide range of companies and individuals in pursuing claims for and against builders, surveyors, architects, engineers and other construction professionals.      

Commercial building disputes  

Swift resolution of problems on commercial building projects is essential so as to avoid the knock on effects on productivity with the potential associated loss of business and revenue. At Freeths we recognise the importance for clients and contractors alike of providing good solid advice to assist you in terms of risk management and dispute avoidance and resolution. 

Our work  

Issues we frequently advise on for all types of building projects include:-  

  • Disputes as to payment terms - including unpaid invoices, over-charging, staged payment and retention issues;
  • Issues concerning timing and failure to comply with contract specifications;
  • Problems due to defective workmanship;
  • Apportionment of liability between different construction professionals;
  • The need for remedial works and their interaction with the original works;
  • Availability of remedies including damages, repudiation of the contract and specific performance.       

In our experience many building disputes can be resolved without recourse to the courts. We are always keen to explore all methods of alterative dispute resolution (ADR) including without prejudice meetings, mediation, arbitration, adjudication or early neutral evaluation. Use of ADR often brings a quicker more cost effective solution, and is useful where the parties wish or need to have a continuing working relationship. If, however, proceedings are required our team has extensive experience of litigating in the Technology and Construction Court (TCC), as well as the County Courts for less complex disputes.    

 

For further information please contact Duncan Crine, partner, or Clare Bellis, director, in our dispute resolution team.