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
Richard Davies

Richard Davies

Country Managing Partner, Head of Construction Disputes, Abu Dhabi / Dubai

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

James Clarke

Partner, London

+44 (0) 20 3400 3507
Shy Jackson

Shy Jackson

Partner, London

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

Richard Davies

Country Managing Partner, Head of Construction Disputes, 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

Country Managing Partner, Head of Construction Disputes, 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
Oct 17, 2024

Hong Kong SAR Policy Address 2024

The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing residents’ livelihood, the Government has introduced initiatives to address housing affordability issues, promoting integrated development of culture, sports, and tourism, and building Hong Kong into an international hub for high-calibre talents. We will focus on these keynote policies from the Policy Address and set out in this article a list of key highlights involving the real estate and infrastructure sectors.
Insights
Oct 07, 2024

HK Security of Payment Bill: Government responds to submissions from the public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024. On 2 October 2024, in a letter to the LegCo, the Government summarised some of the key points that had been made in the submissions from the public and gave its response to the submissions. While there is no indication from this letter that the Government would make any amendments to the wording of the Bill in relation to the submissions from the public, the letter raises some important points regarding the Bill and some follow-up actions that the Government said that it will undertake to deal with concerns raised by various stakeholders.
Insights
Sep 25, 2024

HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent by stakeholders in the construction industry. Some deputations suggested that the Government should consider specifying cases of non-payment caused by bankruptcy of contractual parties at upper tiers in the supply chain as an exception to the ban against “pay when paid” clauses. The deputations argued that this exception would “prevent series of bankruptcy of various contractual parties at lower tiers”.[1]  (Of course, there always will be one or more parties at the lowest levels that will bear the brunt of the bankruptcy further up the contractual chain.)
Insights
Aug 07, 2024

Abbey Healthcare – A prompt for considering contractual adjudication in collateral warranties?

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996.
Insights
Aug 05, 2024

HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill

Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). On 18 July 2024, the HK Government responded by a letter.
Insights
Jul 24, 2024

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an arbitration at the International Center for Dispute Resolution, under the Rules for International Commercial Arbitration of the American Arbitration Association (“Arbitration”), on the grounds that the Arbitrator had failed to give reasons for her decisions on key issues.
Insights
Jul 22, 2024

RTI Ltd v MUR Shipping BV: certainty v commerciality

In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise reasonable endeavours to overcome force majeure does not extend to having to accept non-contractual performance.

Related Insights

Insights
Oct 17, 2024
Hong Kong SAR Policy Address 2024
The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing residents’ livelihood, the Government has introduced initiatives to address housing affordability issues, promoting integrated development of culture, sports, and tourism, and building Hong Kong into an international hub for high-calibre talents. We will focus on these keynote policies from the Policy Address and set out in this article a list of key highlights involving the real estate and infrastructure sectors.
Insights
Oct 07, 2024
HK Security of Payment Bill: Government responds to submissions from the public
The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different stakeholders at a LegCo meeting on 16 July 2024. On 2 October 2024, in a letter to the LegCo, the Government summarised some of the key points that had been made in the submissions from the public and gave its response to the submissions. While there is no indication from this letter that the Government would make any amendments to the wording of the Bill in relation to the submissions from the public, the letter raises some important points regarding the Bill and some follow-up actions that the Government said that it will undertake to deal with concerns raised by various stakeholders.
Insights
Sep 25, 2024
HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?
On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the Bill from deputations sent by stakeholders in the construction industry. Some deputations suggested that the Government should consider specifying cases of non-payment caused by bankruptcy of contractual parties at upper tiers in the supply chain as an exception to the ban against “pay when paid” clauses. The deputations argued that this exception would “prevent series of bankruptcy of various contractual parties at lower tiers”.[1]  (Of course, there always will be one or more parties at the lowest levels that will bear the brunt of the bankruptcy further up the contractual chain.)
Events
Aug 26, 2024
BCLP to host forensic investigations and AI e-discovery seminar in Tokyo
Insights
Aug 07, 2024
Abbey Healthcare – A prompt for considering contractual adjudication in collateral warranties?
An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and Regeneration Act 1996.
Insights
Aug 05, 2024
HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill
Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). On 18 July 2024, the HK Government responded by a letter.
Insights
Jul 24, 2024
Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court
In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an arbitration at the International Center for Dispute Resolution, under the Rules for International Commercial Arbitration of the American Arbitration Association (“Arbitration”), on the grounds that the Arbitrator had failed to give reasons for her decisions on key issues.
Insights
Jul 22, 2024
Comments from HK LegCo members regarding the Security of Payment Bill
Insights
Jul 22, 2024
RTI Ltd v MUR Shipping BV: certainty v commerciality
In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's obligation to exercise reasonable endeavours to overcome force majeure does not extend to having to accept non-contractual performance.