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 solicitors 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.
Our building solicitors advise on a wide variety of building and construction disputes including:
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 in contract. If there is a concurrent duty, the claimant can bring his claim in either tort or contract or both. 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.
We have used Summerfield Browne for many years, mostly on complex contractual law issues, relating to commercial contracts. Christian and his team provide first a first class, professional service and their advice has been invaluable to us. I would highly recommend them, they are agile, willing to help and attend meetings with us. We have negotiated much better terms on numerous contracts thanks to their guidance.
It is important when involved in a dispute that you keep detailed records of all contractual documentation and correspondence with those involved along with records of payments/expenditure made by you. You should ensure that where variations to a contract are agreed these are documented in writing. You should also try and take photographs of the project from start to finish to evidence the work undertaken and whether it is fit for purpose and as per the contract. This information is also beneficial in the event of you needing to instruct an expert witness to support your claim.
Settling a dispute at an early stage is encouraged by the courts and maybe in your best interest. Here are a few helpful tips to assist:
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 interest in the construction project.
Legal issues surrounding the development of property can be varied, our building solicitors 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.
If you are involved in a dispute regarding a JCT construction contract, RIBA building contract of NEC contract, our building and construction solicitors will consider whether adjudication proceedings should be issued as an alternative way to resolve matters as this process is quick and in most cases less expensive than lengthy court proceedings – please visit our dedicated Construction Adjudication webpage.
Our construction solicitors can help you with construction and building litigation disputes by providing pragmatic and strategic legal advice. Whether you need document drafting, contract negotiations, procurement management or risk assessment regarding your project our building lawyers can help you through the process.
Listed below are some of our Blogs which may help you further with your matter:
We have used Summerfield Browne for many years, mostly on complex contractual law issues, relating to commercial contracts. Christian and his team provide first a first class, professional service and their advice has been invaluable to us. I would highly recommend them, they are agile, willing to help and attend meetings with us. We have negotiated much better terms on numerous contracts thanks to their guidance.
