Building Contract Lawyer

If your business is involved in a building contract dispute where an agreement has been breached, you may be able to claim for damages. Breaches of construction contracts can have serious consequences and cause significant financial losses. Such losses could arise from delays to the project, remedying defective works or variations to the previously planned works. If you believe that another party has broken a contractual agreement relating to a construction project, it is important to investigate your legal options. It may be possible to make a claim to recover some of your losses, or pursue a court order to have the contract fulfilled. Even where no written contract exists, the law will often imply contractual terms to govern construction works, ensuring that issues with matters such as payment terms or the quality of the works can still be resolved legally.  

At JMW, our knowledgeable construction lawyers are experienced in all types of contract disputes and understand what needs to be done to protect you and your business while reaching an amicable conclusion. We will always pursue the best possible outcome to a construction dispute and can represent you in alternative dispute resolution processes like mediation and arbitration, or pursue litigation on your behalf where possible.
To find out how JMW can help with building contract disputes, speak to our commercial litigation and dispute resolution team now on 0345 872 6666 or fill in our contact form and someone will get back to you as soon as possible.

How JMW Can Help

JMW's construction law experts have a wealth of experience in construction project disputes, and offer representation to developers, owners, construction firms and general contractors whether they are pursuing disputes or defending them. We work throughout the UK and are equipped to work on even the most large-scale and complex cases.

As a full-service law firm, JMW has relevant experience in both residential and commercial buildings, and in successfully resolving legal issues related to construction contracts and projects. Our commercial litigation team specialises not only in disputes but in contract formation, which means that we can represent you in contract negotiations and protect your interests.

If you are eligible to seek compensation for losses, our construction lawyers ensure you receive the maximum amount to which you are entitled by collecting a strong bank of evidence. Where possible, we will negotiate with the other party to settle your claim, but we are equally experienced in pursuing litigation where necessary.

Meet Our Team of Solicitors

JMW’s team offers expert advice and bespoke solutions to address building contract disputes, helping to resolve conflicts efficiently and protect your business’s interests.

Common Disputes Over Building Contracts

The majority of building contracts are fulfilled and paid for just as everyone intended, but in cases where agreements are breached, it is vital for people to understand their legal rights.

In the event that a construction contract is breached, your business may be able to claim damages or seek alternative remedies. JMW’s experienced solicitors can offer expert legal advice on the steps to take if a contract you were part of has been breached, resulting in a loss for you or your business.

Some of the most common types of disputes include:

• Payment disputes, which may be rooted in disagreements about:
• Interim payments and the amount due at each stage of the project.
• Final accounts, if there are differing views on the total value of completed works.
• A party refusing to release retention funds either on or after practical completion.
• Responsibility for delays, whether caused by the contractor, client, material suppliers or external factors. Certain parties may be entitled to compensation for delays, which can complicate discussions about responsibility. This may raise questions about whether the contractor is entitled to extend the completion date without penalty.
• Cost disputes over changes in the scope of the works, and whether work constitutes a variation under the construction contract. This can include disputes over whether and how much additional payment is due for altered or extra works, and whether changes were properly communicated or instructed.
• Claims for rectification costs for defective work, and arguments over whether defects fall within contractual warranties or statutory obligations. Disputes may arise about liability for construction defects between main contractors and subcontractors.
• Termination of contracts and the consequences for wrongful termination, including damages, or payment for work done before termination.
• Professional negligence involving architects, engineers, or other consultants. This could encompass design errors, inadequate supervision, or any other failure to meet professional standards that leads to losses or defects.

JMW can help you to resolve a construction dispute over any of these legal issues, and our experience ranges from the interpretation of contracts to litigation to recover financial losses after significant contract breaches.

What to Do if a Dispute Arises

If something goes wrong with a building contract, time limits for action are short and your first reactions are therefore critical to the success of a claim.

The introduction of adjudications has increased the need to get legal advice immediately with regard to building contract disputes. A contract may specify that a particular type of alternative dispute resolution is required, and our firm represents clients through these procedures, and in litigation where necessary.

How to Avoid a Building Contract Dispute

To avoid disagreements over contracts, it is important to take advice before entering into a contract in the first place. Obtain professional advice on matters such as the wording of tenders, letters of intent and the hiring of contractors, subcontractors and consultants.

Taking advice early may help to prevent a dispute occurring further down the line. It will also enable you to protect your business as much as possible before an agreement is made.

Why Choose JMW?

The team at JMW has over 25 years of experience in commercial building contracts. We have experience in all areas of building contract disputes and have been involved in landmark cases involving the following:

• Delays
• The effect of variations on contractual programmes
• The recovery of consequential losses
• Quality of work disputes

Our knowledge of UK construction law and contracts, along with our track record of success and experience in alternative dispute resolution processes, means that we can offer pragmatic and reliable advice on the best way to achieve the outcomes you want. As a full-service law firm, JMW's construction lawyers can also offer comprehensive support for businesses and property owners, with input from other teams with relevant legal insights.