Construction disputes

Construction disputes need project knowledge as well as legal analysis.

HQ Law advises on payment, valuation, final account, delay, defects, variations, termination and other construction and engineering disputes. Chris Hough’s engineering background helps translate project records and technical issues into a practical dispute strategy.

Discuss a construction dispute Adjudication

Payment & valuation

Applications, notices, pay less notices, set-off, valuation, retention and unpaid sums.

Payment disputes

Final accounts & variations

Final account valuation, scope, variations, contra charges and evidential disputes.

Final account disputes

Delay & defects

Extensions of time, liquidated damages, disruption, defects and remedial work.

Delay & defects

Dispute strategy

Choose the forum around the commercial objective.

The right route may involve negotiation, adjudication, litigation, arbitration, mediation or a combination of them. The starting point is usually the contract, the notices, the contemporaneous records, the amount at stake and the deadline.

Typical documents to locate early

Executed contract, amendments and relevant schedules
Applications, certificates, payment notices and pay less notices
Programmes, progress records and site correspondence
Variation instructions and valuation records
Expert reports, photographs and defect/remedial records
Existing notices, claims and settlement correspondence

Choosing the route

Which dispute process fits the problem?

Construction disputes can move through negotiation, mediation, adjudication, arbitration or litigation. The right route depends on the contract, urgency, remedy, value, evidence and whether an interim decision or a final determination is needed.

When is adjudication attractive?

Where a qualifying construction dispute needs a fast decision — particularly payment, valuation, final account, delay or defects issues — the statutory process can produce a temporarily binding decision on a compressed timetable.

When might the TCC be appropriate?

The Technology and Construction Court is the specialist court for construction and engineering disputes and also handles adjudication enforcement and related challenges.

Why consider mediation?

Mediation can be useful where the parties need a commercial settlement broader than the legal issues, want confidentiality, or wish to preserve a business relationship while controlling litigation risk.

What should be done before choosing?

Identify the contract, dispute, limitation/deadline issues, key evidence, commercial objective, likely counterclaim and the practical effect of each available remedy.

For court procedure, see the Technology and Construction Court Guide 2026.

Contract forms

JCT and NEC disputes need form-specific analysis.

JCT disputes

Payment, notices, variations, final accounts, delay, defects and termination under JCT forms and amendments.

JCT disputes

NEC disputes

Compensation events, programme, early warnings, Z clauses, payment and adjudication.

NEC disputes

Representative experience

Engineering and construction-law experience across major UK and international projects.

Experience

ADR & mediation

Not every dispute should be fought to a decision.

HQ Law has experience of mediation and other forms of alternative dispute resolution. Mediation can be particularly useful where the parties need a confidential commercial settlement, a wider solution than a court or adjudicator could order, or a way to preserve a continuing project or business relationship.

We prepare mediation around the real decision points: the legal merits, the evidence, the cost to continue, enforcement risk and the range within which settlement produces a better net result. ADR can be used alongside negotiation, adjudication or litigation rather than only after those processes have failed.

When ADR can add value

Several disputes need to be resolved together.
The parties need a practical solution beyond payment alone.
Confidentiality or an ongoing relationship matters.
The cost of continuing is becoming disproportionate.

Next step

Talk through the construction dispute

Give us the parties, contract, amount in dispute and any immediate deadline. Avoid sending large volumes of confidential material until a conflict check has been completed.

Start an enquiry Call 07843 580 112