It is common for construction disputes to arise from building contracts, engineering contracts and construction contracts.
In several court cases relating to construction disputes, a building contract has been referred to as “an entire contract for the sale of goods and work and labour for a lump sum payable by instalments as the goods are delivered and the work is done”.
While the terms building contract, construction contract and engineering contract can make you imagine large civil engineering projects or the construction of housing developments, the terms cover the whole range of building works right from the big projects to something as simple as an oral agreement to replace a doorstep.
A dispute can arise between any of the parties involved in a construction project or building works and in some projects, many people can be involved in the build, such as:
- The employer (or building owner)
- Project manager
- Main contractor
Before any construction or building work starts, it is common for the terms of the building contract to be set out over various documents including an agreement, conditions of contract, plans, schedules of rates, bills of quantities and the specification. Other documents may also be used for the parties to be made aware of the terms of the building contract.
Building and construction disputes arise for a variety of reasons in any size of project with common reasons for dispute being:
- Sub-standard workmanship and/or defective building work
- Defective materials
- Negligent design
- Failing to carry out work in accordance with the terms of the contract
- Delays in work being carried out
- Unpaid retention payments
- Various unpaid debts
Construction disputes can cause a lot of anguish, wasted time and financial expense if they are not dealt with quickly and correctly.
How we can help you resolve construction disputes
Over the years, BRM have helped clients of all sizes resolve many building contract and construction disputes. We have acted for (and against) national and multinational companies in disputes involving a wide range of issues and considerations.
Where possible we help our clients avoid litigation/court proceedings by taking advantage of alternative dispute resolution (ADR).
Alternative Dispute Resolution (ADR)
Due to ever increasing number of disputes in the construction industry, disputes taken through the courts can cost a lot of money and take a long time to resolve.
ADR is essentially arbitration or discussion of the dispute among the parties involved so the dispute can be resolved without the need for litigation. The courts are keen to encourage ADR wherever possible and we can help arrange ADR for you.
Where your construction dispute cannot be resolved through ADR and court proceedings are necessary, our experienced litigation lawyers will help you bring your dispute to a satisfactory conclusion as quickly and cost effectively as possible.
To instruct our construction dispute lawyers or for further advice about legal issues relating to your building contract, contact us.