Construction disputes between main contractors and sub-contractors are a widespread occurrence.
The direct cost of disputes is significant; they are time-consuming, reduce profits, affect productivity, cause significant stress and divert resources from profitable work and damage relationships.
Despite this, disputes remain prevalent and entrenched in the industry.
There is a large variance in the type of disputes that arise including the scope of contractual obligations and duties, the basis and formation of the sub-contract including dealing with ambiguities and conflicts, sub-contractor’s design responsibility, the scope and terms of letters of intent, payment terms and a failure to comply, claims for delay and disruption, loss and expense, extensions of time, variations to the works, defects, the occurrence of unforeseen events and compliance with sub-contract procedures and insolvency.
We have experience advising main contractors in respect of complex disputes with sub-contractors.
We have recent experience in advising a client on issues that arose from the insolvency of a sub-contractor including in relation to defects discovered in the works.
We have also recently been advising the main contractor in relation to a disruption claim for additional costs incurred as a result of the poor performance of a sub-contractor including its impact on other trades working on the project.
We can provide pragmatic and commercial advice on what is worth fighting for. We can get into the detail but also maintain the bigger picture. We never lose sight of the fact that the legal advice we give must work as part of an overall solution that helps clients to achieve their goals.