Do you have a construction dispute?

 

If you are experiencing delayed completion of a construction project, dissatisfaction with a professional consultant’s performance or suffering additional costs as the developer, contractor or professional consultant of a construction or building project, then our specialist construction lawyers can assist.  

 

Our building lawyers have significant expertise in advising on building and construction disputes. We act for both developers and construction companies and deal with a wide variety of claims. Our construction solicitors provide robust and pragmatic legal advice, with the specific aim of enforcing your rights, and where possible reaching a satisfactory settlement as soon as possible.

 

What types of claims arise under a Construction and Building Contract?

 

Our construction lawyers advise on a wide variety of building and construction claims including:

 

• Claims for breach of contract.

• Claims for an extension of time to the completion date.

• Claims for loss and expense.

• Claims for additional work or cost of variations, when the scope of work changes.

• Claims for payment under a quantum meruit.

• Claims for poor workmanship or defects in the works including professional negligence

• Claims for liquidated damages because the project is running late.

 

When working with a professional consultant and/ or building company the most common kind of claims are either breach of contract or breach of professional duty. Professional negligence claims can arise where an assumed responsibility toward a client results in owing a duty of care in tort as well as contractual obligations. If there is a concurrent duty, the claimant can bring his claim in either tort for professional negligence or contract. Our construction lawyers will evaluate your claim, and advise you on which claim is most likely to be successful, and therefore which should be pursued.

 

What if I am the Buyer, Tenant or Funder of a Property under Construction?

 

These three parties may not make claims under a building contract between a principal/ developer and a building contractor, unless they have been given that right, as a third party, to enforce the terms of the building contract. In order to gain “construction security” or bring a successful claim for failure and defects that cause loss, these parties may seek a collateral warranty to make sure the contractors comply with their professional appointment. Our construction solicitors can advise you on how to protect your interests in the construction project.

 

Legal issues surrounding the development of property can be varied, our building lawyers can advise on funder’s step-in rights when the principal/ developer becomes insolvent and our construction lawyers can also prepare buyer construction security in the form of a collateral warranty.

 

Why Summerfield Browne?

 

Our construction lawyers can help you with construction and building litigation disputes by providing pragmatic and strategic legal advice.  Whether you need document drafting, contract negotiation, procurement management or risk assessment regarding your project our building lawyers can help you through the process.