Disputes concerning construction can cause an array of issues, from cost implications to impacting other construction projects. Should you be involved in a dispute, it’s encouraged to pursue legal support from construction dispute solicitors at the earliest opportunity, who can provide construction law and dispute resolution assistance.
At Preston Redman, our solicitors can help you take the actions you need promptly and with confidence, ensuring your best interests are at the core of what we do. We understand how daunting it can be to pursue a claim and strive to provide a stress-free service through our litigation specialists.
At Preston Redman, we frequently work with various businesses across Bournemouth, Poole, Dorset and further afield. No matter where you are located, we can provide the advice and support you require. Our team will be happy to advise you over the phone, via email and through videoconferencing, as well as in person at your convenience.
To speak to one of our friendly, experienced construction dispute lawyers in Bournemouth, please contact the dispute resolution team at our Bournemouth office on 01202 292 424 or fill in our online enquiry form for a quick response.
How our construction dispute solicitors can help you
Our construction dispute resolution solicitors in Bournemouth can provide expertise in matters including:
- Residential and commercial construction disputes
- Disputes arising from JCT contracts, including liquidated damages and quantum meruit claims
- Professional negligence claims
- Financial losses caused by delayed work claims
Should you have another type of construction dispute, our solicitors have a wealth of combined expertise and can be available to provide the help you require. Please don’t hesitate to contact a member of our team today.
Construction defect claims
Defects are unfortunately common on construction projects. These defects can occur during the design stage or construction and are sometimes minor and easily fixable. Some defects are dealt with as part of a process known as ‘snagging’, and well drafted construction contracts will provide for this. However, where the contract is silent on the snagging process or either party disputes the defects, pursuing legal advice is important to establish how best to proceed.
At Preston Redman, we recognise the extensive disruption and financial loss defects can impose. With our assistance, you can be confident in receiving clear advice you can trust, tailored exactly to your personal circumstances.
Our solicitors can provide assistance with construction defects, including:
- Defective architectural designs
- Structural defects
- Electrical problems
- Water problems
- Finishing defects (also known as snagging)
Professional negligence claims
Those in the construction industry often have considerable skills, qualifications and experience and are expected to work to a reasonable and sufficient level. Professional negligence claims often involve disputes with surveyors, architects and structural engineersand can be costly matters for both parties.
At Preston Redman, we recognise the amount of trust put into professionals, and where they fail to provide a sufficient service, this has the potential to cause considerable issues, including delays and financial losses. Our solicitors can support you in finding a resolution that best suits the needs of your business, making sure to provide close personal support throughout.
Our solicitors can assist with professional negligence claims, including claims relating to negligent surveys, valuations, project management and architectural defects. We advise both claimants and construction professionals in these claims.
Financial losses caused by delayed work claims
Unfortunately, delays are often unavoidable in construction disputes and should be considered when drafting the construction contract. Where a delay gives rise to a financial loss, a compensation claim might be feasible depending on the terms of the contract.
The Preston Redman team can assist with delayed work claims for delays caused by:
- Poor planning
- Lack of communication
- Lack of labour productivity
- Decision making speed
Common questions about construction disputes
What is a construction dispute?
A construction dispute is where a disagreement arises during a construction project. There are multiple different types of disputes which could occur.
What are the main causes of disputes in construction?
Construction disputes can occur for various reasons during construction. The “why” often arises from issues with the contract, changes in the planned works and associated costs and poor communication between the parties. One of the most common causes for construction disputes we see is changes to the anticipated cost of the build. Other causes of dispute include:
- Construction delays
- Contractor errors
- Poor construction quality
- Breach of contract
- Professional negligence
- Poor site and/or sub-contractor management
What is dispute resolution in construction?
Dispute resolution in construction can vary from seeking an appropriate financial remedy to exploring alternative forms of resolution, such as making good/correcting works.
How are disputes settled in the construction industry?
Construction disputes can either be settled through out-of-court approaches or court litigation. Out-of-court approaches, such as Alternative Dispute Resolution (ADR), are more commonly attempted due to the benefits they present, including cost-effectiveness, being quicker, and being less contentious.
Should alternative dispute resolution not be appropriate or the situation escalates further, the parties can apply to the court for a decision to be made by a judge.
What are alternative dispute resolution methods in construction?
In a dispute in construction, the most commonly used methods of ADR are adjudication, mediation and arbitration.
- The process of adjudication is solely for the construction industry and involves:The party raising the dispute will provide written notice (Notice of Adjudication), which will include a clear description of the dispute, who is involved, where it happened, the nature of the remedy sought and contact details of the parties.
- An adjudicator will then be appointed.
- A referral notice will be served within seven days of the Notice of Adjudication.
- Responding party’s notice within seven days of the referral notice.
- The adjudicator will make a legally binding decision within 28 days of the referral notice.
Adjudication may not always be available, and you should seek advice before taking any formal steps.
During a mediation meeting, the parties involved will meet with a neutral, trained mediator who will guide the parties to find a resolution that suits all. During the meeting, the dispute will be raised, and each party will have a chance to put forward their ideal remedy, and the mediator will put forward unbiased thoughts.
A mediator is not able to bind the parties to any course of action, but a successful mediation will often result in a settlement agreement which reflects what the parties have agreed. Once properly executed, the settlement agreement will be binding and should bring the dispute to a conclusion.
During arbitration, an arbitrator or panel of arbitrators will meet with the involved parties in a hearing setting where each party will put forward their argument and supporting evidence. Once both parties have concluded, the facts will be deliberated, and a binding decision will be rendered.
As with adjudication, arbitration may not always be available, and advice should be sought before taking any formal steps.
Why choose Preston Redman’s construction dispute solicitors in Bournemouth?
Dispute resolution in construction can be a challenging area to navigate through without the support of a solicitor. At Preston Redman, the team have experience guiding businesses and individuals through all manner of construction disputes, including small scale residential construction disputes to more complex commercial disputes.
Our construction dispute solicitors’ fees
All construction disputes are different, and the cost will vary depending on the issues. Get in touch today for a no obligation chat. It is often possible for our dispute resolution solicitors to provide a fee estimate to deal with your construction dispute in the initial conversation.