Construction Disputes

Whether you are a developer, contractor or sub-contractor, we are specialist construction lawyers who understand your business. We will bring our knowledge to develop ideas, manage risks and create commercially driven solutions.

As a client, your agenda will be a primary focus for us: what is important to you, the challenges, the opportunities, and how we can deliver what you need.

Our construction lawyers pride themselves on providing clear, commercial and pragmatic advice to clients through detailed technical knowledge, expertise and enthusiasm. Some of our lawyers have a background in engineering and, with industry experience, we can speak your language.

You will be fully confident that your legal advisors have the resources, skills and knowledge to manage the risks and deliver the service you need on time and budget.

Our construction lawyers can provide pragmatic and commercial advice on what is worth fighting for.

Our construction solicitors can get into the detail but also keep sight of the bigger picture. We can deliver without taking needless points. We always ensure our legal advice works as part of an overall solution that helps clients achieve their goals.

Our knowledgeable and experienced construction team helps contractors, sub-contractors, and employers with construction adjudication disputes quickly and cost-effectively.

Construction disputes between main contractors and sub-contractors are a widespread occurrence and prevalent in the industry. The direct cost of disputes are typically significant, and can be time-consuming, reduce profits, affect productivity, cause significant stress and divert resources from profitable work and damage relationships.

Main Contractor vs Sub-Contractor

Our knowledgeable construction law team is well experienced in helping Main Contractors resolve disputes that arise during construction projects, which can include the following areas:

• The scope of contractual obligations and duties
• The basis and formation of the sub-contract including dealing with ambiguities and conflicts
• Sub-Contractors' design responsibility
• The scope and terms of letters of intent, payment terms and a failure to comply
• Claims for delay and disruption
• Claims for loss and expense
• Claims for time extensions
• Variations to the works, defects, the occurrence of unforeseen events and compliance with sub-contract procedures and insolvency.

Sub-Contractor vs Main Contractor

We act for specialist contractors, sub-contractors, trade contractors and works contractors to resolve issues and disputes which arise during construction projects.

There are many issues that can arise on construction projects but we always keep sight of the bigger picture and focus on your agenda and what is important to you.

Our Experience Resolving Main Contractor and Sub-Contractor Disputes

Whether assisting Main Contractors or Sub-Contractors, we’ve had numerous successes in recovering payments and outstanding retentions. This includes pursuing claims in relation to time extensions, loss and expense, as well as resolving final account disputes and, if necessary, adjudication proceedings.

Adjudication proceedings have become increasingly complex and it is key to have the right support and full confidence in your legal advisors. Our property law team has the resources, skills and knowledge to bring and defend adjudications on time and on budget.

Below are just a few examples of our experiences resolving Main Contractor and Sub-Contractor disputes:

Main Contractor vs Sub-Contractor

We have recent experience in advising a client on issues arising from the insolvency of a sub-contractor, including in relation to defects discovered in the works.

We have also recently been advising the main contractor in relation to a disruption claim for additional costs incurred due to the poor performance of a sub-contractor and the consequent impact on other trades working on the project.

We can provide pragmatic and commercial advice on what is worth fighting for. We can get into the detail but also keep sight of the bigger picture.  We never lose sight of the fact that the legal advice we give must work as part of an overall solution that helps clients to achieve their goals.

Sub-Contractor vs Main Contractor

We have recent experience in advising a client on the release of a retention where the payment terms were not in compliance with legislation without the need to issue proceedings. Our team are specialists who can free up your time so that you can concentrate on what you do best. You can be confident that you will be given the solutions you need when you need them.

We successfully assisted a sub-contractor without the need for formal proceedings in respect of a final account settlement which included issues as to what the parties agreed which resulted in practical problems being encountered by the parties and a claim for liquidated and general damages for a delay to completion.

On the contentious side, we work with clients to chase entitlements or defend claims, whether that is in the courts, arbitration, adjudication or other alternative dispute resolution procedures.

Quality legal advice is essential to bring or defend a complex construction claim. We work with clients to chase their entitlements or defend a claim regardless of the forum.
When drafting the construction documentation initially, our meticulous attention to detail reduces the likelihood of a dispute in the first instance.

Unfortunately, you cannot always avoid disputes. In which case, it is paramount that your legal advisors can employ processes to minimise risk and identify issues early and resolve them quickly.

Whether building a warehouse or a small residential development, you will not want your project delayed or disrupted. The effect of a dispute on the progress of construction can be catastrophic. Our construction team understands this and adopts innovative and dynamic dispute resolution approaches. We always aim primarily to resolve disputes informally without the need to instigate formal dispute resolution proceedings. This approach allows clients to act decisively to resolve the dispute and get the construction project back on track.

There are occasions when formal legal action is necessary and cannot be avoided. In such cases, Myerson’s dedicated construction team can help realise the best possible outcome by vigorously pursuing or defending your claim. Our construction team are experienced legal practitioners who are well-versed in dispute resolution procedures, whether arbitration, adjudication, expert determination, or litigation through the court system.

Whatever the size or nature of the dispute, our breadth of experience guarantees that we can help you realise the best possible outcome with a strategy that is tailored to your commercial circumstances.