Expert Construction Claims Consultants

We have helped many parties claim contra-charges and defend against them. Contra-charges are often treated with suspicion by Adjudicators and Arbitrators and it is important to scrutinise the fundamental principles behind them and the factual evidence of them.

A successful extension of time claim is a defence to delay damages and can also entitle the claiming party to loss and expense for the same period, turning a negative figure into a positive. We have extensive experience of extension of time claims and loss and expense claims, whether the contractual procedures have been followed or not.

We have helped many parties prepare claims, interim applications and final accounts which have allowed them to settle without resorting to formal dispute resolution. Our specialist knowledge combined with high standards of presentation guarantees that any claim we prepare becomes a valuable tool for negotiation, settlement or, if necessary, formal dispute resolution.

Loss and expense is a contractual remedy for events that would often otherwise be claimed as damages for breach of contract.

Cashflow is the lifeblood of the construction industry. We deal with payment issues every day, helping recover claims for variations, loss and expense and retention, and advise on technical issues regarding payment applications, smash and grab adjudications, payment notices and pay less notices.

• Identify the issue – clearly define the problem, whether it’s non-payment, delays, defects, or breach of contract.
• Gather evidence – including the signed contract and any related documents; emails, letters and messages that support your claim; invoices and timesheets, photos and video showing proof of defects or delays; expert reports may be required.
• Review contractual obligations – including the contract’s dispute resolution clause, notice periods, whether a formal notice of claim is required.
• Notify the other party – service a Notice of Claim or send a letter outlining the dispute.
• Attempt informal resolution – try to resolve the dispute amicably through negotiation.
• Use Alternative Dispute Resolution (ADR) methods – including mediation and adjudication.
• Escalate to arbitration or litigation
• Enforce the decision

Construction claims arise from a range of contractual, operational, and external factors. Understanding these common causes can help identify risks early and mitigate disputes. Common issues include:

Contractual Issues

Poorly drafted construction contracts or conflicting documents create unnecessary confusion about responsibilities and entitlements that we help our clients navigate. Our experience shows that issues typically arise when parties fail to follow key contractual procedures, such as giving proper notices or when records aren’t maintained, making it extremely difficult to support claims or defend against them effectively.

Change Management

Construction projects inevitably evolve, but we regularly assist clients dealing with uncontrolled changes (scope creep) or poorly managed variations that lead to costly disagreements. Our extensive experience with these claims shows they typically stem from disputes over whether changes were properly authorised, how they should be valued, or whether they entitle our clients to additional time or compensation.

Design

Design-related disputes can be particularly complex, and we have wide experience helping clients resolve them. We see claims arising where design responsibility isn’t clearly defined, where errors or omissions exist, or where design continues developing during the build phase without proper coordination. These situations inevitably lead to expensive rework, delays, and cost increases that we help our clients recover.

Delays

We deal with delay claims regularly, as projects are frequently delayed due to various factors beyond our clients’ control. Our specialist knowledge in this area involves proving entitlement to extensions of time, managing the complex impact of concurrent delays, and seeking appropriate compensation for disruption. We have extensive experience with delay damages and prolongation claims that often follow.

Payment

Payment disputes are one of the most common issues we help clients resolve, whether due to underpayment, late payment, or disagreement over valuations. We have proven success with “smash and grab” adjudications (where payment is claimed due to procedural failures) and final account disputes. Our clients also benefit from our experience with contentious retention release issues.

Defects

We regularly help clients deal with defective works, snagging, and quality issues that lead to claims for rectification or damages. Our experience covers disputes over responsibility, cost recovery through contra-charges, and disagreements about acceptable standards of work. We understand what makes these claims successful and how to defend against them effectively.

Termination and Suspension

Wrongful or disputed terminations, or suspensions for non-payment, can lead to significant claims that we help our clients pursue or defend. Our decades of experience show that parties often argue over whether termination was valid, what rights each party had, and whether liquidated damages are due.

Commercial Pressure

We understand that external commercial pressures such as tight margins, programme overruns, poor management, or cash flow issues can force parties into making mistakes, taking shortcuts, or failing to perform, all of which may trigger claims or disputes. Our approach helps clients navigate these challenging situations and protect their commercial interests.