11th March 2025
Construction projects are often complex operations involving a number of parties, including contractors, sub-contractors, professional consultants, and property owners. With so many stakeholders, it’s no surprise that disputes can arise. Understanding common causes of disputes and how to avoid them is crucial for ensuring your project runs smoothly.
Tim Newsome, Managing Director at Myers & Co, explores the primary causes of construction disputes in the UK and offers practical strategies to prevent them.
In order to navigate the complexities of construction projects and ensure their success, it is essential to recognise and mitigate the common causes of disputes that can disrupt progress.
Most disputes in construction projects involve payment issues, such as contractors not being paid on time or in full, or clients disputing the amount being charged. Common triggers include:
Quality disputes arise when the workmanship does not meet the standards the client expected. These disputes can be due to:
Changes to the original plan are common in construction projects. If variations are not documented and agreed upon, disputes can arise over additional costs.
Time is a crucial factor in construction, and delays can cause significant financial strain. Common causes of scheduling disputes include:
Poorly drafted or incomplete contracts are a significant source of disputes. Common issues include:
Effective project planning: Detailed project planning helps manage expectations and avoid common construction pitfalls. Involving the right consultants and conducting a feasibility study before starting any project ensures a thorough understanding of requirements, site conditions, and potential risks.
Clear and comprehensive contracts: A well-drafted contract is the cornerstone of any successful construction project. Contracts should define the scope of work, project timelines, payment schedules, responsibilities of each party, and processes for changing orders. Additionally, including dispute resolution clauses such as mediation or arbitration can provide a structured way to resolve conflicts without needing to go to court.
Regular communication: Open and regular communication between all parties can help identify and address issues before they escalate into disputes. Regular meetings and updates ensure everyone is on the same page and any concerns can be promptly addressed. Payment applications and notices should be provided in accordance with the contract.
Quality control: Implementing strict quality control measures ensures that the work meets the required standards. Regular inspections and checking quality standards have been met can prevent disputes over workmanship and materials.
Professional Legal Advice: Legal experts familiar with construction law can assist you in drafting comprehensive contracts. Should an issue arise during the project, they can provide guidance on the best steps to take. Getting legal advice early can ensure that all parties are aware of their rights and obligations, reducing the risk of disputes.
Myers & Co is dedicated to providing comprehensive legal services tailored to the construction industry. Our team of experienced legal professionals excels in drafting clear and legally sound contracts, ensuring that every aspect of the project is meticulously outlined to prevent disputes. We offer in-depth project planning support assisting in feasibility studies to identify potential risks and ensure all requirements are understood from inception.
For confidential advice on construction disputes, contact Tim on 01782 577000 or email him at tim.newsome@myerssolicitors.co.uk.
