Looking up at a crane on a construction site

Construction Disputes

Construction Disputes

Construction Disputes

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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
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
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.

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A party holding a favourable adjudication decision can apply to the court for summary judgment to enforce it but, in very limited circumstances, the losing party can also seek a stay of enforcement, according to the principles set down in Wimbledon Construction Co 2000 Ltd v Vago [2005] EWHC 1086 (TCC). (For more information, see Practice note, Adjudication: challenging and staying enforcement of the adjudicator's decision.) In this article, first published in PLC, Marcus Birch considers the decision in Providence Building Services Ltd v Hexagon Housing Association Ltd
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On 11 July 2025, the Hong Kong Government gazetted the Construction Industry Security of Payment Rules (“Rules”)[1]. The Rules, made by the Chief Judge of the High Court under section 50 of the Construction Industry Security of Payment Ordinance (Cap 652) (“SOP Ordinance”), provide the practice and procedure to be followed in respect of applications to set aside or enforce a determination made in adjudication proceedings (“Applications”) under sections 48 and 49 of the SOP Ordinance.
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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.

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A party holding a favourable adjudication decision can apply to the court for summary judgment to enforce it but, in very limited circumstances, the losing party can also seek a stay of enforcement, according to the principles set down in Wimbledon Construction Co 2000 Ltd v Vago [2005] EWHC 1086 (TCC). (For more information, see Practice note, Adjudication: challenging and staying enforcement of the adjudicator's decision.) In this article, first published in PLC, Marcus Birch considers the decision in Providence Building Services Ltd v Hexagon Housing Association Ltd
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HK Security of Payment Ordinance – new rules regarding setting aside and enforcement of adjudication determinations
On 11 July 2025, the Hong Kong Government gazetted the Construction Industry Security of Payment Rules (“Rules”)[1]. The Rules, made by the Chief Judge of the High Court under section 50 of the Construction Industry Security of Payment Ordinance (Cap 652) (“SOP Ordinance”), provide the practice and procedure to be followed in respect of applications to set aside or enforce a determination made in adjudication proceedings (“Applications”) under sections 48 and 49 of the SOP Ordinance.
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