Looking up at a crane on a construction site

Construction Disputes

Construction Disputes

Construction Disputes

Download PDFDownload PDF
Print
Share

Overview

Construction is a dynamic process fraught with complex relationships, sophisticated contracts, financing, design, engineering, procurement, and supply.  It’s a world of unavoidable risk, and no matter how civil the beginning, exposure to such risk all but ensures the need for compromise and the potential for dispute. 

To effectively avoid claims and resolve disputes, construction lawyers must be skilled negotiators, draftsmen, communicators, administrators and advocates.  This combination of skills is precisely why BCLP provides unsurpassed value to its construction industry clients. 

We work with many of our clients at an early stage, preventing problems on site escalating into formal proceedings. We provide practical advice, fight hard when necessary and maintain pressure on the opponents, whilst always looking to achieve the earliest possible resolution, often through proactive use of mediation and other forms of ADR. 

We are extremely experienced at handling matters in a variety of dispute resolution forums, including those that are prevalent in the domestic markets in which we operate (for example mediation, statutory adjudication regimes, or litigation in national or specialist courts). In addition we advise on disputes relating to international projects across many sectors, including large-scale international arbitration across different jurisdictions and under institutional or ad hoc rules, wherever the seat.  

The volume of repeat business from our extensive client list of major industry players (including public and private sector employers, contractors and major specialist suppliers) across a very wide range of sectors and our reputation in the field, is testament to the quality of service we provide.

The Legal 500: Construction Comparative Guide

The Legal 500: Construction Comparative Guide

What are the biggest challenges and opportunities facing the UK construction sector?

From general legal and regulatory compliance obligations, licensing and financial aspects to industry trends and developments, we share insights in this dedicated chapter.

Shy Jackson

Shy Jackson

Partner, London

+44 (0) 20 3400 4998
Charles Lilley
+971 2 652 0302
Richard Davies

Richard Davies

UAE Managing Partner, Abu Dhabi / Dubai

+971 2 652 0330
Glenn Haley
+852 3143 8450
James Clarke

James Clarke

Partner, London

+44 (0) 20 3400 3507

Meet The Team

Shy Jackson

Shy Jackson

Partner, London

+44 (0) 20 3400 4998
Charles Lilley
+971 2 652 0302
Richard Davies

Richard Davies

UAE Managing Partner, Abu Dhabi / Dubai

+971 2 652 0330
Glenn Haley
+852 3143 8450
James Clarke

James Clarke

Partner, London

+44 (0) 20 3400 3507

Experience

  • Represented major general contractor on regional highway and light rail project administration and litigation including judgment on fraud and veil-piercing claims against subcontractor.
  • Represented a US hotel developer in multiple lawsuits and arbitration proceedings relating to design, construction defect and delay claims.
  • Acted in a dispute between the owners and developers of a container port in the Middle East and the contractors responsible for building an extension to the port.
  • Advising in relation to one of the largest PFI contract disputes in the health sector. The advice included wide ranging issues of a complex nature arising out of the Project Company’s performance at two hospitals run by a NHS Foundation Trust, which is one of the largest in the UK  with a turnover in excess of £1billion.
  • Providing project advice to a UK university and acting on its behalf in a number of claims brought by four of the contractors involved in delivering this major mixed-use development,  including infrastructure, student accommodation, retail and community building contractors.

Related Insights

Insights
Jul 03, 2025

JCT Target Cost Contract, 2024 Edition: first impressions

In this Insight, first published in PLC, Partner Shy Jackson considers the JCT's Target Cost Contract, 2024 Edition (TCC 2024), a new addition to its 2024 Edition contract suite that reflects the wider industry trend towards collaborative contracting. Thr article explores how the TCC 2024, based on the JCT Design and Build Contract 2024 (DB 2024), seeks to align the commercial interests of employers and contractors through the target cost mechanism. It examines the key new concepts of Allowable Cost, the Contract Fee, and the Adjusted Target Cost and how these elements combine to calculate the Difference Share, the pain/gain mechanism that incentivises collaboration and cost efficiency. It explores the various choices parties must make regarding the contract's operation, such as the timing of the Difference Share calculation and the potential use of the associated Target Cost Sub-Contract, 2024 Edition (TCCSub 2024) and highlights the practical implications for parties, such as the need for open-book accounting and robust record-keeping. Further, it contrasts the TCC 2024 with the equivalent target cost option under the NEC suite of contracts.
Insights
Jun 26, 2025

The role of policy and what it means for the conduct of claims for building safety disputes

In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant implications for building safety disputes. This article explores the four grounds of appeal brought by URS after the developer, BDW, sought to recover costs for remediating structural defects. 
Insights
Jun 05, 2025

Construction industry participants beware: CISG and CISOP and their impact on overseas procurement

It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly works carried out outside Hong Kong before transporting them into Hong Kong. There are two pieces of recent legislation that have a potential impact on these “overseas” procurement activities. They are (i) the Sale of Goods (United Nations Convention) Ordinance (Cap. 641) which came into effect in December 2022, and (ii) the Construction Industry Security of Payment Ordinance (Cap. 652) which was gazetted on 27 December 2024, with the bulk of which coming into operation in August 2025. In this article, we will explore the changes brought about by these two pieces of legislation, and what those procuring such works or items should do and pay attention to when they source from international suppliers or contractors for construction projects in Hong Kong.
Insights
May 19, 2025

Is challenging a judgment allegedly procured by a previously known fraud an abuse of process and vexatious?

“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself be an abuse of process, vexatious and a collateral attack on a previous judgment of the court? We explore this question in the context of the claimant having previously known about the alleged fraud, in Henshaw J’s judgment of 8 May 2025 in (1) Federal Government of Nigeria; and (2) Attorney General of the Federal Republic of Nigeria v Williams.
Insights
Apr 09, 2025

Shifting contractual risks and managing electronic contracts

In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a USB drive as well as a bound hard copy, where the key provisions were in a spreadsheet, which included hidden columns, and where the electronic version included a document which did not appear in the paper version.

Related Insights

Insights
Jul 03, 2025
JCT Target Cost Contract, 2024 Edition: first impressions
In this Insight, first published in PLC, Partner Shy Jackson considers the JCT's Target Cost Contract, 2024 Edition (TCC 2024), a new addition to its 2024 Edition contract suite that reflects the wider industry trend towards collaborative contracting. Thr article explores how the TCC 2024, based on the JCT Design and Build Contract 2024 (DB 2024), seeks to align the commercial interests of employers and contractors through the target cost mechanism. It examines the key new concepts of Allowable Cost, the Contract Fee, and the Adjusted Target Cost and how these elements combine to calculate the Difference Share, the pain/gain mechanism that incentivises collaboration and cost efficiency. It explores the various choices parties must make regarding the contract's operation, such as the timing of the Difference Share calculation and the potential use of the associated Target Cost Sub-Contract, 2024 Edition (TCCSub 2024) and highlights the practical implications for parties, such as the need for open-book accounting and robust record-keeping. Further, it contrasts the TCC 2024 with the equivalent target cost option under the NEC suite of contracts.
Insights
Jul 01, 2025
Is the Adjudication Process Unfair?
Insights
Jun 26, 2025
The role of policy and what it means for the conduct of claims for building safety disputes
In this Insight, first published in PLC, BCLP Partners Jennifer Varley and James Clarke consider the Supreme Court decision in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21, which has significant implications for building safety disputes. This article explores the four grounds of appeal brought by URS after the developer, BDW, sought to recover costs for remediating structural defects. 
Insights
Jun 05, 2025
Construction industry participants beware: CISG and CISOP and their impact on overseas procurement
It is common for construction industry participants to source various machinery, materials or components from overseas for construction projects in Hong Kong, or to have part of the construction and fabrication or assembly works carried out outside Hong Kong before transporting them into Hong Kong. There are two pieces of recent legislation that have a potential impact on these “overseas” procurement activities. They are (i) the Sale of Goods (United Nations Convention) Ordinance (Cap. 641) which came into effect in December 2022, and (ii) the Construction Industry Security of Payment Ordinance (Cap. 652) which was gazetted on 27 December 2024, with the bulk of which coming into operation in August 2025. In this article, we will explore the changes brought about by these two pieces of legislation, and what those procuring such works or items should do and pay attention to when they source from international suppliers or contractors for construction projects in Hong Kong.
Insights
May 19, 2025
Is challenging a judgment allegedly procured by a previously known fraud an abuse of process and vexatious?
“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself be an abuse of process, vexatious and a collateral attack on a previous judgment of the court? We explore this question in the context of the claimant having previously known about the alleged fraud, in Henshaw J’s judgment of 8 May 2025 in (1) Federal Government of Nigeria; and (2) Attorney General of the Federal Republic of Nigeria v Williams.
Insights
Apr 29, 2025
"Battle of the Forms” in the Hong Kong Construction Industry
Insights
Apr 16, 2025
Payment notices under the Construction Act 1996, a welcome clarification
Insights
Apr 09, 2025
Shifting contractual risks and managing electronic contracts
In this Insight, Shy Jackson takes a look at the decision of John Sisk and Son Limited v Capital & Centric (Rose) Limited [2025] EWHC 594 (TCC) where the court had to grapple with interpreting a contract which was kept on a USB drive as well as a bound hard copy, where the key provisions were in a spreadsheet, which included hidden columns, and where the electronic version included a document which did not appear in the paper version.
News
Mar 31, 2025
BCLP advise GPE on acquisition of West End HQ development opportunity