Construction Disputes

Most construction activities involve a number of parties including building contractors, architects, engineers, site supervisors and specialist subcontractors (plumbers, electricians, plasterers, roofers, steelwork experts and so on). All of these people work together to deliver the construction project for the client.

Disputes can arise between any of those people over just about anything. Common issues include:

• Payment problems
• Delays in completion
• Work not completed to quality standards
• Unsafe or defective work
• Damage to third-party properties
• Failure to get the proper building consents
• Disputes relating to variations
• Problems with the design

Osbornes’ extensive experience means we can advise you on any type of dispute, and help you find the most efficient and cost-effective way to resolve it.

Because so many people are involved in a construction project, you may end up going round in circles not knowing who is responsible for the problem. Usually, parties to construction contracts will try to include provisions that limit their duties and liabilities, and it is not unusual for people to try and shift the blame.

This is where the right legal support can help.

We will review your situation thoroughly to determine who has suffered loss, who is responsible for causing or contributing to the loss, and what the best strategy is for making (or defending) a claim. As a first step, contact us to discuss your matter. A specialist lawyer from our construction team will discuss the circumstances of your dispute and advise you of the next steps.

This will depend on your goals, time constraints, budget, risk tolerance, and the unique facts of your case. Sometimes it may only take a single letter to get the issue resolved. Other times, we may suggest some form of alternative dispute resolution such as mediation, arbitration or having a third-party expert make a decision about your dispute.

Where necessary, we will fight your case in court.

Generally, a construction claim will either be:

• For breach of contract, where someone breached any of the agreed-upon conditions of a written or oral contract
• For negligence, where the construction professional did not do their job with reasonable care, skill and diligence

Claims for breach of contract and negligence must be issued within 6 years.

For latent defects, where the problem is hidden and could not reasonably have been discovered within the 6-year time limit, you have an extra 3 years to bring a claim.

Limitation periods are incredibly complex. It’s best to consult a solicitor as soon as possible to make sure that you are not out of time.

The process for making or defending a claim will depend on the nature of the dispute and the exact terms of your construction contract. However, the standard forms of contract rarely give all the answers, so we almost certainly will need to collect additional evidence and documents to ensure a successful claim or defence.

This might include contractor’s records, correspondence, chronologies and witness evidence. Often, we will seek advice from independent experts to support your case.

Osbornes specialise in the preparation and defence of construction claims. Please call us to find out how we can assist you.