Delay & defects

Delay and defects disputes depend on records, causation and technical evidence.

HQ Law advises on extension-of-time, liquidated-damages, disruption, defects and remedial-work disputes, combining legal analysis with Chris Hough’s engineering background.

Discuss delay or defects Construction disputes

Records to preserve

Programmes and updates, progress records, instructions, RFIs, notices, photographs, expert reports, defect schedules, remedial records, cost evidence and correspondence.

The strength of any position depends on the actual contract, notices, evidence and procedural history. HQ Law can review the material, identify the legal and commercial issues and advise on the proportionate route forward.

Possible routes

Focused correspondence or negotiation
Construction adjudication where available and appropriate
Mediation or settlement discussions
Litigation or arbitration where the contract and circumstances require it

Technical evidence

Delay and defects disputes are usually won or lost on disciplined records.

Delay disputes require more than a programme printout. The parties usually need to identify the contractual completion obligations, notices, contemporaneous programmes, critical events, mitigation steps and the causal link between an event and the time or cost claimed. Defects disputes similarly depend on establishing what was required, what was built, why it differs, the consequences and the reasonable cost or method of remediation.

Where remedial work is urgent, evidence of the original condition can disappear quickly. Photographs, surveys, expert inspections, samples where appropriate, access records, remedial proposals and cost records should therefore be considered before destructive or irreversible work begins.

What evidence is useful in a delay claim?

Baseline and updated programmes, progress records, notices, meeting minutes, instructions, labour/plant records, photographs and correspondence explaining when events occurred and their effect on critical activities.

What evidence is useful in a defects claim?

The specification and drawings, inspection/testing records, photographs, expert or consultant reports, samples where appropriate, remedial scope, tenders/invoices and evidence of access or opportunities to inspect.

Should repairs wait for the dispute?

Not necessarily. Safety and mitigation may require prompt action, but the evidential position should be considered first so that the condition and cause are documented before remedial work changes them.

Adjudication or litigation?

That depends on the contract, the issue, the evidence and the remedy required. Adjudication can provide a rapid temporarily binding decision; complex technical claims may also require TCC litigation, arbitration or negotiated settlement.

Next step

Discuss the dispute with HQ Law

Tell us who the parties are, what has happened and any immediate deadline. We can then carry out an initial conflict check and consider the next step.

Start an enquiry Call 07843 580 112