Construction disputes can be stressful, expensive and difficult to resolve without clear legal advice. A building project may have gone wrong because work was defective, costs increased unexpectedly, deadlines were missed, invoices were not paid, or a contractor left the job unfinished.
Whether you are a homeowner, landlord, developer, contractor, subcontractor, business owner or construction professional, it is important to understand your legal position before the dispute escalates.
Havard Law Solicitors helps clients resolve construction claims in a practical and commercially sensible way. We can review the contract, explain your options, deal with the other side and help you decide the best route forward.
What is a construction claim?
A construction claim is a legal claim connected to a building project or construction related agreement.
It may involve recovering money that is owed, challenging defective work, dealing with delay, resolving a dispute over the final account, pursuing a claim against a professional, or defending allegations about the standard of work carried out.
Construction claims can involve domestic building work, home extensions, commercial developments, residential property projects, contractor disputes, professional appointments, design issues and disputes between multiple parties.
The right approach will depend on the contract, the value of the claim, the evidence available, the parties involved and the outcome you want to achieve.
When might you need help?
You may need legal advice if a building project has gone wrong and you are unsure how to move things forward.
Common construction disputes include unpaid invoices, disputed final bills, defective workmanship, unfinished projects, leaking roofs, damp, cracked walls, drainage defects, structural problems, poor design, delay, extra work carried out without agreement, overcharging, professional negligence, and disputes about whether work meets the required standard.
Homeowners may need help where a builder has failed to complete the work, refused to return to fix defects, or charged significantly more than expected.
Contractors and subcontractors may need help where payment has been withheld, invoices have been ignored, or allegations of poor workmanship are being used to avoid payment.
Developers, landlords and businesses may need advice where delays, defects or professional errors have caused financial loss.
What can a construction claim involve?
Construction claims can involve several different routes, depending on the type of dispute.
In some cases, a formal letter before action and negotiation may be enough to resolve the issue. In others, mediation may help the parties reach a settlement without the cost and disruption of court proceedings.
Some construction disputes may be suitable for adjudication. This is a process designed specifically for construction disputes and can produce a decision quickly, often within 28 days.
Where the matter cannot be resolved by agreement, court proceedings may be required. This may include claims for breach of contract, debt recovery, defective work, professional negligence, or enforcement of a previous judgment or award.
The key is to choose the route that is proportionate to the dispute, the value of the claim and the result you are trying to achieve.
How Havard Law Solicitors can help
Havard Law Solicitors provides practical advice on construction claims for both individuals and businesses.
We can review your contract, assess the strength of your position, advise on your rights, write to the other side, negotiate settlement, advise on mediation, guide you through adjudication, issue or defend court proceedings, and assist with enforcement where a judgment or award has already been obtained.
We can also help where a construction dispute overlaps with another legal issue. This may include debt recovery, breach of contract, consumer rights, professional negligence, insolvency, insurance disputes or commercial property issues.
Our aim is to help you resolve the dispute efficiently and cost effectively, while making sure you understand the risks, likely costs and practical options at each stage.
Case study: major residential construction dispute
Havard Law Solicitors acted for a client who had commissioned the construction of a new residential property.
The project involved a number of professionals and contractors responsible for the design and build. What should have been an exciting project became a highly stressful and costly dispute when serious problems emerged with the quality of the work.
Despite significant sums being spent, with costs running into the hundreds of thousands of pounds, the property was left in an unacceptable condition. Expert investigation identified a number of serious defects, including structural failures, defective external wall systems, undersized lintels, defective roof design, defective drainage and mismatching brickwork that reduced the value of the property.
Independent expert evidence concluded that the professionals and contractors involved had either breached their contracts, failed in their duty of care, or failed to exercise the reasonable skill and care expected of them.
The case was complex. There were multiple defendants, each with their own legal teams. One contractor issued separate proceedings against the client, claiming unpaid invoices and loss of profit. Some parties resisted the pre action process and failed to engage meaningfully with the schedule of defects and losses.
There were also repeated threats of wasted costs applications, complex expert evidence, and periods where the court proceedings were stayed to allow the parties to comply with pre action steps and explore settlement.
Havard Law Solicitors worked to build and progress the claim. Court proceedings were issued, an amended claim was served, and additional claims were brought against architects and structural engineers to reflect the full extent of their involvement in the failures at the property.
The matter also involved mediation, with the parties exchanging position statements and attending mediation to try to reach a negotiated resolution.
The claim brought by the original contractor against the client was dismissed by court order, as was the client’s counterclaim against that contractor. This allowed the focus of the litigation to move to the remaining defendants, including the architects and structural engineers.
Following detailed negotiations, the client reached a multi million pound settlement of all claims against the remaining defendants. The settlement was reached on a global basis, inclusive of legal costs, VAT and disbursements, bringing the matter to a complete conclusion.
Evidence that can help your construction claim
The evidence needed will depend on the nature of the construction dispute.
Helpful evidence may include written contracts, quotes, invoices, payment records, plans, drawings, specifications, photographs, videos, emails, text messages, WhatsApp messages, expert reports, snagging lists, survey reports, building control documents, site meeting notes and records of any complaints made.
It is also helpful to keep a clear timeline of events. This should include when the work was agreed, what was promised, when problems first appeared, what was said by the contractor or professional, what payments were made and what attempts were made to resolve the dispute.
If defects are present, it is sensible to take advice before instructing others to carry out remedial work. In some cases, expert evidence may be needed before the defects are altered or repaired.
Speak to our construction claims team
If you are involved in a construction dispute, it is sensible to get advice as early as possible. Early advice can help protect your position, preserve evidence and avoid the dispute escalating unnecessarily.
To speak to Havard Law Solicitors, call 0151 556 1234 or email info@havardlaw.co.uk with a short summary of the dispute, the parties involved, the type of project, the value involved and any key documents or evidence you already have.
A member of the team can review the information and explain the next steps in clear, practical terms.
Construction Claims Solicitors FAQs
Time limits apply to construction claims, so it is important not to delay.
As a general rule, a claim for breach of contract must usually be brought within six years. If the contract was signed as a deed, the time limit may be twelve years.
Other time limits may apply depending on the type of claim, the parties involved and when the problem became known.
Because limitation can be complicated, it is sensible to take advice as early as possible. Missing a deadline can prevent you from bringing a claim.
If you are a contractor or subcontractor and your client will not pay, there may be several options available.
The right approach will depend on the contract, the amount owed, whether the work is disputed, whether payment notices were issued, and whether the client is alleging defects or delay.
Options may include a formal letter before action, negotiation, adjudication, court proceedings or enforcement action.
Havard Law Solicitors can review the contract and payment history, advise on the strength of your position, and help you pursue payment in a proportionate way.
It may be worth pursuing a smaller construction claim, but this will depend on the value of the dispute, the evidence, the likely cost of pursuing it and the chances of recovery.
Some smaller claims can be dealt with through the small claims track in the county court, which is designed to be more straightforward than higher value litigation.
However, even a smaller dispute can become costly if the evidence is complex or the other side is determined to fight the claim.
Havard Law Solicitors can help you assess whether it is commercially sensible to proceed and what route may be proportionate.
You have the right to dispute money being claimed if you do not agree that it is owed.
This may happen where the builder has overcharged, carried out defective work, failed to complete the job, claimed for extra work that was not agreed, or issued a final bill that does not match the original agreement.
There may also be strict rules about payment notices, applications for payment and when sums become due, particularly in commercial construction disputes.
It is important to respond carefully and avoid ignoring the issue. Havard Law Solicitors can review the demand, contract and evidence, then advise on the best response.
The timescale depends on the nature of the dispute and the route taken.
Some disputes can be resolved quickly through correspondence, negotiation or mediation. Others take longer because expert evidence is needed, several parties are involved, or the facts are disputed.
Adjudication can be a faster route for some construction disputes and can often produce a decision within 28 days. Court proceedings usually take longer, but may be necessary where the dispute is complex, high value or cannot be resolved any other way.
Havard Law Solicitors can advise on the most suitable route once the documents and issues have been reviewed.
If the work was not carried out to a proper standard, the builder may be responsible for putting the problems right or paying the reasonable cost of remedial work.
The position will depend on the contract, the nature of the defects, whether the builder was given a reasonable opportunity to inspect or repair the issues, and whether the work fell below the required standard.
If the builder refuses to return, ignores complaints or denies responsibility, it may be necessary to obtain expert evidence and pursue a claim.
Havard Law Solicitors can advise on the best way to approach the dispute and what evidence should be gathered.
If building work is defective, you may be able to claim the cost of putting the work right.
Depending on the circumstances, you may also be able to claim professional fees, surveyor fees, expert report costs, alternative accommodation costs, loss of use, loss in property value and other losses caused by the defective work.
In some cases, the appropriate remedy may be the reasonable cost of remedial works. In others, it may be a reduction in the price paid or compensation for the loss caused.
It is important to obtain advice before carrying out significant remedial works, as evidence of the defects may need to be preserved.
Not always. A written contract is helpful, but it is not always essential.
A contract can sometimes be formed verbally, through emails, messages, quotes, invoices, payment records, or the way both parties behaved. For example, if work was agreed, carried out and paid for, there may still be a contractual relationship even if no formal document was signed.
The difficulty is usually proving exactly what was agreed. This may include the scope of work, price, timescale, payment terms and required standard of workmanship.
Havard Law Solicitors can review the available evidence and advise whether you may still have a claim.
