Building & Construction Disputes

Building and construction disputes rarely arise at a convenient moment. They tend to surface during live projects, at key payment stages, after defects come to light or when delay starts to affect the wider programme.  Left unchecked, they can quickly become more expensive, more disruptive and harder to resolve.

At Butcher & Barlow, we advise developers, contractors, landowners, landlords and commercial property owners on building and construction disputes. Our focus is on protecting your commercial position from the outset, helping you take control of the issue early, preserve leverage and keep matters moving where that remains possible.

These disputes are rarely just about legal rights on paper. They affect cash flow, professional relationships, supply chain confidence and the practical decisions that need to be made on site. That is why our approach is strategic, commercial and grounded in the way construction projects actually operate.

Get expert advice on building and construction disputes today from Butcher & Barlow

If you are involved in a building or construction dispute and need clear, decisive advice, contact our team today.

Call 01606 334 309 or email enquiries@butcher-barlow.co.uk to speak with a member of our team.

Why choose Butcher & Barlow as your Building and Construction Dispute Solicitors?

When a building or construction dispute arises, you need more than a list of legal options. You need advice that reflects the commercial reality of the project, the pressure points in the contractual chain and the practical effect of each decision.

When you instruct us, we will move quickly to understand the key issues, including the contract, the stage the project has reached, the parties involved, the evidence available and what you need to achieve. From there, we will help you make informed decisions about the right next step, whether that is applying pressure, defending your position, opening negotiations or preparing for formal action.

We also work closely with surveyors, project managers and other construction professionals, so legal and technical strategies remain aligned. That helps keep matters moving and ensures that the advice you receive is practical as well as legally sound.

How we work:

Our approach is designed to help you take control of the dispute early and make decisions with confidence.

We can help with:

• early review of contracts, correspondence and project documents
• assessment of your legal position and commercial leverage
• practical advice on the options available, including likely cost and timescale
• coordination with surveyors, project managers and other professionals
• negotiation and mediation where a commercial resolution is achievable
• robust representation in court or other formal proceedings where necessary

Whether the issue concerns defective work, delay, payment, professional failures or property-related rights affecting development, our focus remains the same: protecting your position and helping you move forward with a clear strategy.

Building and construction disputes we handle

Insurance and warranty claims

Insurance cover, collateral warranties and building warranties are often central to resolving building disputes, particularly where defects emerge after practical completion or where the original contractor is no longer trading.

We assist Clients in pursuing and defending claims involving warranty rights, insurer engagement and disputes over the scope of cover We will help you understand the practical value of the claim, the likely response from insurers and the best way to move the matter forward.

This includes advice on:

• building warranty claims
• collateral warranty disputes
• insurance coverage disputes linked to construction defects
• claims involving latent defects
• recovery strategy where multiple parties may be involved

Breaches of construction contract claims

When contractual obligations are not met, disputes over time, cost, scope and quality often follow quickly. In a live project, a missed deadline or disputed variation can affect the entire supply chain and make resolution more difficult the longer matters are left unresolved.

We advise on breach of construction contract claims across bespoke contracts and standard forms, including JCT and NEC. Our role is to help you understand your rights, apply pressure where appropriate and identify the route most likely to deliver a commercially sensible outcome.

This includes disputes over:

• delays and time-extensions
• variation and scope changes
• payment terms and milestone disputes
• contract termination rights
• suspension of works
• failure to perform contractual obligations

Defective workmanship disputes

Defective workmanship can reduce property value, operational use, safety and future development plans. Where the project is still ongoing, they can also create difficult decisions about whether the original contractor should be allowed to return to site, whether works need to be completed by others and how defects should be recorded and valued.

We assist clients in bringing or defending defective workmanship claims involving incomplete works, substandard materials or failure to meet agreed specifications. We work alongside your surveyor or project manager to understand the defects, assess the remediation options and build the strongest possible evidence base.

Specific disputes we handle include:

• structural defects in commercial buildings
• plumbing and electrical installation defects
• fit-out and finishing disputes
• remediation and rectification claims
• incomplete or abandoned works
• disputes over quality and compliance with specification

Construction debt recovery and unpaid invoices

Cash flow remains one of the most common pressure points in the construction sector. Unpaid invoices and disputed final accounts can place real strain on a project and on the business behind it.

We advise contractors, subcontractors and developers on recovering outstanding payments and enforcing contractual terms. Adjudication is often the fastest and most cost-effective route and we will advise you on whether it is the right option for you and move quickly to protect your position if it is.

Our expertise includes:

• unpaid invoices
• disputed final accounts
• retention release disputes
• payment notice and pay less notice issues
• contractor and subcontractor payment disputes
• debt recovery linked to building and construction contracts

Party wall disputes

Party wall issues can stall development and damage relationships with neighbouring owners, particularly where works are live and time sensitive.

In many cases, Party Wall Surveyors will be involved from the outset. In others, disputes arise because no notice was served, works exceeded what had been notified or the parties take opposing positions once work is underway.

We advise on obligations under the Party Wall etc. Act 1996, commercial party wall notices and disputes involving shared or adjoining structures. Where a Party Wall Surveyor is already involved, we can work alongside them to reduce delay, control cost and keep your project moving.  Where one is not yet in place, we can recommend appropriate professional support and help you deal with the issue in a structured way.

We advise on:

• commercial party wall notices
• disputes involving shared or adjoining structures
• boundary issues affecting development sites
• agricultural boundary disputes
• works affecting neighbouring commercial premises

Professional negligence claims against contractors and construction professionals

Professional negligence can have immediate consequences on a live project or after completion. Design failures, poor specification, project management errors and inadequate professional advice can all lead to delay, remedial works, increased cost and lost commercial opportunity.

We advise on claims involving contractors, architects, engineers, surveyors and other professionals whose work has fallen below the required standard. We will assess the contractual framework, the available evidence and the realistic recoverability of loss, while keeping sight of the wider commercial position.

This includes disputes involving:

• design and specification errors
• project management failures
• structural engineering negligence
• defective building works
• remedial cost recovery
• negligence claims in proceedings
• professional indemnity insurance considerations

Dilapidations and lease-end disputes

Both during the term of the lease and at the end of a commercial lease, disputes over repair, reinstatement and condition can have a significant financial impact. They can also delay disposal, re-letting and wider asset management decisions.

We act for both landlords and tenants in dilapidations and lease-end disputes. We work closely with surveyors to scrutinise claims, assess  what the lease requires and challenge demands beyond the proper standard of repair. Our approach is pragmatic: focused on evidence, proportionality, and realistic outcomes, so that exit costs remain controlled and disposal or re-letting plans can proceed.

We handle:

• commercial tenant repair obligations
• service of schedules of dilapidations (including s.146 notices) and the use of the pre-action protocol
• reinstatement disputes
• lease-end building disputes
• disagreements over condition
• agricultural tenancy repairs

Easements

New developments and alterations can raise complex issues around access and established or prescriptive easements. If these matters are not identified and addressed early, they can affect the programme, cost and the overall viability of a project.

We advise property owners and developers on protecting their position, responding to objections and pursuing practical solutions where rights affecting the site are in dispute.

We advise on:

• access disputes affecting development land
• easement issues
• interference with established rights linked to commercial property and agricultural land management

Get expert commercial advice on building and construction disputes today from Butcher & Barlow

If you are dealing with a building and construction dispute and need clear, commercially focused advice, our team is here to help.

Call 01606 334309 or email enquiries@butcher-barlow.co.uk to speak with a member of our team.