Building disputes can range from a straightforward contract for a small extension or the construction of a conservatory. They can also involve large scale rebuilding projects involving many different contractors, other professionals, architects, structural engineers and they can become more complex when dealing with listed buildings.
Fortunately, our litigation team has dealt with all types of building and construction disputes, and we have experience of using all of the dispute resolution methods that are available in this highly technical area of the law.
We’ve litigated in the Technology & Construction Court, we’ve dealt with Adjudications, Arbitrations, Mediations, Joint Settlement Meetings and we’re always there to protect you and your property.
When building work does not go to plan, the outcome can be stressful, costly and disruptive. Whether you’re a homeowner, landlord or business, you need good, specialist legal advice. At BTMK we specialise in resolving building disputes, whether that’s from poor workmanship and delays to payment issues and major contract disagreements.
Building disputes arise when work on a property or construction project goes off track. They can stem from defective design or workmanship, delays in completion, cost over-runs or payment conflicts.
Disputes can be complex, involving contractors, sub-contractors, suppliers, architects and property owners.
Taking action early gives you a stronger position. Delay often increases cost, complicates a resolution and may reduce the chance of recovering your losses or enforcing rights. Getting good advice from the start can avoid full scale litigation.
At BTMK, we’ll assess your position, and advise on what options are open to you.
We always aim to resolve matters at the earliest feasible stage. That may mean negotiation or alternative dispute resolution (ADR) such as mediation or adjudication. These can be quicker and less costly than court proceedings.
If ADR is unsuitable or unsuccessful, we can look at litigation or arbitration.
BTMK has years of experience in dealing with adjudication. We use specialist barristers where necessary who understand the nature of this type of dispute resolution, aiming to provide a quick and relatively cost-effective dispute mechanism and often allowing the parties to move on after dealing with a dispute that comes across from time to time in long running building and construction projects. The entire process is designed to be streamlined, fast and binding and you need solicitors who can work quickly, efficiently and in a team to make the most of this resolution method.
Arbitration is generally a private, enforceable and binding method of dispute resolution and in the days of vastly expensive litigation, is thought to provide a cost-effective way of being able to deal with complex and highly technical disputes. We know the best arbitrators in the business; we know the preparation required to deal with this method of dispute resolution and we work with the best barristers at the top chambers to ensure that your case is prepared properly and to give you the best chance of success.
If the gloves have to come off, then we’re in your corner to obtain the best possible result. Our advantage is in our team, with strength in depth at all levels and with experience of litigating over complex construction projects, working with other professionals and really concentrating on the parts of the litigation that will make a difference to your case. We’ve litigated highly complex design projects in the City of London, pursued claims in negligence against architects over a cooling facility in Essex and pursued various contractors in a multiple-owner site with competing building interests. We really have the litigation know-how to deal with project-based litigation, working with you and with tightly controlled budgets, insurance backed where necessary to ensure your project is properly protected.
We support clients in situations such as:
When you instruct BTMK you gain access to a legal team experienced in both construction disputes and property matters. We understand the real world of building work. There are costs involved, pressures, and the impact on your property. Our advice is tailored to your circumstances. You’ll work with our experienced solicitors who explain your rights and options in plain terms. We act decisively to protect your interests and who aim to minimise further disruption.
We gather the key facts, review your contract and clarify your legal position. We will outline the strategies open to you, likely timescales and realistic cost-implications. If we advise negotiation or ADR, we can handle correspondence, prepare briefs and guide you through the process. If court action becomes necessary, we represent you rigorously.
If you are facing a building dispute, we are ready to help. We’ll advise you on your position, review your contract and explore all the options available. Contact us to discuss your situation today.
If a contractor abandons, you may claim for breach of contract, for the cost of completing the work and for losses suffered. If this happens, act quickly and gather evidence of the abandonment.
Timescales vary significantly. Simpler payment or invoice disputes may resolve in weeks via ADR. Complex litigation may take many months.
You can claim for defects under contract or negligence, and seek remediation, compensation or termination. We will assess your losses and advise you on the likely outcome.
Many disputes are resolved through negotiation or ADR (such as mediation or adjudication) which can be faster and less expensive. We always use court as a last resort.
If the contractor is insolvent recovery may be more limited. We will advise on your rights and alternative routes, including claims on warranties.
