Most construction and building projects are formed under a Joint Contracts Tribunal, JCT Contract or a services contract.

It is likely that the parties have agreed specifications and despite project plans, things can still go wrong. These can include:-

  • Disputes about Workmanship
  • Payment Notice Disputes
  • Instalment Defaults
  • Delays in Performance and the Completion of the Project
  • Alleged Defective Work
  • Variation Disputes

There is a Court protocol to cover disputes called The Pre-Action Protocol for Construction Disputes and Engineering Disputes. This sets out the process to work through which can assist the parties avoid costly litigation. If not, there are a range of options.

Should you require assistance with any of the following, we have experience in all of these areas and can help you:

  • Pre-Action stages
  • Negotiation
  • Understanding your legal rights and entitlements
  • Litigation
  • Arbitration
  • Adjudication or mediation

For further information, also see:-

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Frequently Asked Questions about Construction and Building Disputes

What are common signs of potential construction and building disputes?

Common signs include disagreements over the scope of work, delays in completion, dissatisfaction with the quality of work, unexpected costs, or disputes over payment terms. You might also notice poor communication or lack of professionalism from your contractor.

    What steps should I take when a construction or building dispute arises?

    Firstly, document everything related to the dispute – this includes contracts, correspondence, and any evidence of substandard work or delays. Then, attempt to resolve the issue directly with the other party. If this fails, it might be time to seek legal advice.

      How does Franklins Solicitors handle construction and building disputes?

      Franklins Solicitors manages these disputes through negotiation, mediation, arbitration, or litigation. The process begins with an initial consultation or an initial review of the documentation to understand the details of your case. We then develop a strategy tailored to your situation and guide you through the entire process.

      What are my legal rights as a property owner in a construction dispute?

      As a property owner, you have the right to receive the agreed-upon services within the stipulated time and budget. If the contractor fails to meet these obligations, you may be entitled to compensation or to have the work corrected. It is important to have a contract or a written agreement as to the scope of the works. However, it does not stop you from bringing a claim in the absence of a contract.

        What are the legal obligations of a contractor in a construction dispute?

        Contractors are legally obliged to perform their duties as per the contract to the professional standard that others in the same profession would do. This includes completing the work on time, sticking to the budget, and ensuring the work is of an acceptable standard. If they fail to do so, they could be held liable for any damages incurred.

          Can Franklins Solicitors help me avoid future construction disputes?

          Absolutely. We can review contracts before you sign them to ensure your interests are protected. We can also provide advice on best practices for managing construction projects to minimise the risk of disputes.

          Contact the Franklins Dispute Resolution team

          If you have any questions about dispute resolution, please don’t hesitate to contact our team of experts who are on hand and ready to help you.