Construction Disputes

Construction projects, whether large or small, residential or commercial, can often, due to their size, complexity and the number of parties involved, experience significant costly delays and disputes. We can help our clients identify problems, resolve disputes and implement solutions effectively to ensure that there is as little disruption to progress as possible.

Berry Smith’s specialist construction litigation team is widely recognised for the expert advice provided to developers, PLC and SME main and sub-contractors and construction professionals such as architects and surveyors. The work is almost exclusively contentious, based on proven excellence in securing our clients’ objectives.

We act for clients in every forum for the resolution of construction disputes, including claims in the Technology and Construction Division of the High Court, Adjudication, Arbitration and through the NHBC Arbitration Scheme.  

Our public sector work includes acting for Local Government, such as Carmarthenshire County Council and Blaenau Gwent County Council, and associated bodies, including CADW, in both contentious and non-contentious work.

We are also a principal panel member for dealing with construction disputes nationwide on behalf of Arag Plc, a multi-national insurer, in relation to both Commercial and Residential matters. In addition, we are recommended by the Federation of Master Builders in Wales to members requiring legal advice.

Areas of Expertise include - 

  • Disputes relating to defective and remedial works
  • Disputes relating to final accounts, including delay and extension of time claims
  • Adjudication, arbitration and alternative dispute resolution
  • Claims against construction professionals, including Contract Administrators/Architects, Surveyors and Engineers

Recent examples of our work include acting - 

  • In an 8 day trial in the TCC on behalf of an employer resisting a claim by main contractor to enforce an adjudication award and bringing a counterclaim for damages for defective/incomplete works and Liquidated Damages
  • In a claim on behalf of main contractor for £0.5m for damages including a final account, extension of time and loss and expenses arising from a residential redevelopment project in Chelsea, including a counterclaim for £200k for allegedly defective works.  The matter is due for trial later this year in the Technology and Construction Court in London
  • In an Arbitration for an ultra-high net worth individual in a claim for in excess of £3m against her architect and contract administrator for breach of contract and negligence arising from the refurbishment of a property in St. John’s Wood.
  • For a regional main contractor in the defence of an adjudication brought by a developer in a claim for breach of contract allegedly arising from a failure of the main contractor to construct properties to the correct size resulting in an alleged loss in excess of £500,000.
  • In a claim by a regional main contractor for an unpaid retention of £90,000 and defending the employer’s counterclaim for over £250,000 in respect of allegedly defective and incomplete works arising from construction works in London.
  • For a regional main contractor in an adjudication against a multi-million-pound investment fund regarding the unlawful termination of a contract and non-payment of an interim account in excess of £500,000 arising from construction works in London. 
  • On behalf of a Local Authority employer in defending a claim arising from works undertaken to a former local authority home, which were alleged to have caused or contributed to damp in the property.

Our team

Iwan Doull - Partner

Iwan provides seminars on professional negligence related matters to many of the local professional regulatory bodies, including the RICS, RIBA and the ACCA.  He has been the sole speaker on legal matters at the national conferences in Wales of both the RICS and the ICEAW on matters relating to professional conduct and negligence

029 2034 5511

idoull@berrysmith.com

More details about Iwan and his extensive experience can be seen here

Gavin Hoccom LLB (Hons), LLM, PhD - Senior Associate

Gavin regularly advises on contentious construction law, notably representing PLC and SME contractors in high value adjudication and arbitration with local government and private sector employers, offering a commercially sound and responsive service. He is regularly invited to speak on construction topics at regional events held by, amongst others, the Royal Institute of Chartered Surveyors and Construction Futures Wales.

029 2034 5511

ghoccom@berrysmith.com

More details about Gavin and his extensive experience can be seen here