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.

Learn more 

Shy Jackson

Partner, London

+44 (0) 20 3400 4998
+971 2 652 0302

Richard Davies

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

+971 2 652 0330
+852 3143 8450

James Clarke

Partner, London

+44 (0) 20 3400 3507

Shy Jackson

Partner, London

+44 (0) 20 3400 4998
+971 2 652 0302

Richard Davies

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

+971 2 652 0330
+852 3143 8450

James Clarke

Partner, London

+44 (0) 20 3400 3507

Meet The Team

Shy Jackson

Partner, London

+44 (0) 20 3400 4998
+971 2 652 0302

Richard Davies

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

+971 2 652 0330
+852 3143 8450

James Clarke

Partner, London

+44 (0) 20 3400 3507

Related Practice Areas

  • International Arbitration

  • Commercial Construction & Engineering

  • Real Estate Sector

  • Environment

  • Oil, Gas and LNG

  • Energy & Natural Resources

  • Infrastructure

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
Jun 26, 2024

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two arbitrators (“Impugned Arbitrators”) in an HKIAC administered arbitration governed by the UNCITRAL Arbitration Rules, pursuant to section 26 of the Arbitration Ordinance (Cap. 609).
Insights
Jun 25, 2024

Changes in the payment and adjudication processes regarding variations and time-related disputes

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. This is the second article in a series of two articles. In the earlier article, we compared the clauses in the Bill against the public works contracts pilot programme security of payment provisions (Pilot Provisions) promulgated by the Development Bureau (DevB) in its Technical Circular (Works) No.6/2021 (Circular) for the contractual regime, and considered the key development, changes and differences. In this article, we will take a deeper look at the changes made in the Bill concerning the treatment of variation claims and time-related disputes in the payment process and the adjudication process.
Insights
Jun 24, 2024

Key developments and changes in comparison with the existing contractual security of payment regime

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. Currently, a contractual security of payment regime is in place for public sector construction contracts only. In this article, we will compare the clauses in the Bill against the public works contracts pilot programme security of payment provisions (Pilot Provisions) promulgated by the Development Bureau (DevB) for the contractual regime, and consider the key development, changes and differences. This is the first article in a series of two articles. In the next article, we will take a deeper look at the change of two features in the payment process and the adjudication process relating to variation claims and time-related disputes.
Insights
Jun 17, 2024

ABCA form - key features

In this Insight, Olivia Turner considers the key features of the ABCA form for the Appointment of a Building Control Approver that clients should be aware of.
Insights
May 29, 2024

Hong Kong Security of Payment Bill gazetted

The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework for addressing improper payment practices among contracting parties in the Hong Kong construction industry. Once in force, the Bill will replace the Development Bureau’s pilot scheme for the introduction of security of payment provisions into public sector construction contracts which we discussed in our earlier Insights at Security of payment circular issued by the Development Bureau of Hong Kong – to take effect from 31 December 2021 and The new security of payment regime in Hong Kong – key issues to consider before its implementation.
News
Apr 04, 2024

Legal 500 EMEA Guide 2024

Insights
Mar 21, 2024

The Evolving Real Estate and Construction Disputes Landscape

As part of Riyadh International Disputes Week (RIDW), Horizons & Co. and BCLP hosted a discussion on the evolving real estate and construction dispute resolution landscape in the Kingdom of Saudi Arabia and wider region. This interactive discussion involved questions from the audience throughout the session and resulted in many meaningful points being raised. Below is a high-level takeaway of the key issues discussed and points raised.

Related Insights

Insights
Jun 26, 2024
The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias
In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two arbitrators (“Impugned Arbitrators”) in an HKIAC administered arbitration governed by the UNCITRAL Arbitration Rules, pursuant to section 26 of the Arbitration Ordinance (Cap. 609).
Insights
Jun 25, 2024
Changes in the payment and adjudication processes regarding variations and time-related disputes
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. This is the second article in a series of two articles. In the earlier article, we compared the clauses in the Bill against the public works contracts pilot programme security of payment provisions (Pilot Provisions) promulgated by the Development Bureau (DevB) in its Technical Circular (Works) No.6/2021 (Circular) for the contractual regime, and considered the key development, changes and differences. In this article, we will take a deeper look at the changes made in the Bill concerning the treatment of variation claims and time-related disputes in the payment process and the adjudication process.
Insights
Jun 24, 2024
Key developments and changes in comparison with the existing contractual security of payment regime
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. Currently, a contractual security of payment regime is in place for public sector construction contracts only. In this article, we will compare the clauses in the Bill against the public works contracts pilot programme security of payment provisions (Pilot Provisions) promulgated by the Development Bureau (DevB) for the contractual regime, and consider the key development, changes and differences. This is the first article in a series of two articles. In the next article, we will take a deeper look at the change of two features in the payment process and the adjudication process relating to variation claims and time-related disputes.
Insights
Jun 24, 2024
LegCo in-house lawyers request clarifications regarding the Security of Payment Bill
Insights
Jun 17, 2024
ABCA form - key features
In this Insight, Olivia Turner considers the key features of the ABCA form for the Appointment of a Building Control Approver that clients should be aware of.
Insights
Jun 17, 2024
Bills Committee formed to review Hong Kong Security of Payment Bill
Insights
May 29, 2024
Hong Kong Security of Payment Bill gazetted
The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework for addressing improper payment practices among contracting parties in the Hong Kong construction industry. Once in force, the Bill will replace the Development Bureau’s pilot scheme for the introduction of security of payment provisions into public sector construction contracts which we discussed in our earlier Insights at Security of payment circular issued by the Development Bureau of Hong Kong – to take effect from 31 December 2021 and The new security of payment regime in Hong Kong – key issues to consider before its implementation.
News
Apr 04, 2024
Legal 500 EMEA Guide 2024
Insights
Mar 21, 2024
The Evolving Real Estate and Construction Disputes Landscape
As part of Riyadh International Disputes Week (RIDW), Horizons & Co. and BCLP hosted a discussion on the evolving real estate and construction dispute resolution landscape in the Kingdom of Saudi Arabia and wider region. This interactive discussion involved questions from the audience throughout the session and resulted in many meaningful points being raised. Below is a high-level takeaway of the key issues discussed and points raised.