Construction litigation

Avoiding costly litigation is as important to our team as supporting clients through trial. Stephensons’ commercial litigators are all experienced in supporting mediation, with the skills required to support clients across the construction industry, settling wherever possible to allow your projects to continue.

Contracts and documentation in the construction industry are complex, requiring a high degree of technical knowledge and understanding; our team works closely with you, identifying issues promptly, providing expert advice and handling them with care so all parties can progress with clarity and reassurance.

Supporting our commercial real estate team, our construction litigation team lends industry and contractual expertise to many early aspects of development, promoting partnership working from the outset.

If you are involved in a construction dispute, or would like to speak to a member of our team for advice relating to a construction issue, call 0203 816 9303.

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How we help

Resolving disputes mid-build allows all parties to continue their working relationships through to completion of a project with definition and understanding.  

Our team of expert mediators ensures that 80% of cases taken to mediation by Stephensons are settled immediately or shortly afterwards. It’s an enviable record and one we’re proud of; litigation can be costly and stressful, and it’s an essential part of the construction litigation process to give you the opportunity to reach agreement yourself with your contractors or other partners.

Our legal professionals work with qualified and accredited surveyors, architects and quantity surveyors who support many of our clients’ cases. Regularly working on adjudication cases as well as wider methods of dispute resolution, our construction litigation team and its associated professionals back claims with technical expertise that resolves effectively a large percentage of the cases we handle.

Find out more about Stephensons’ alternative dispute resolution services. 

Our services

Our construction litigation services include:

  • Mediation of claims to reach out-of-court settlement, both mid-build and post-construction
  • Obtaining injunctive relief against one or more parties
  • Claims for additional construction costs
  • Adjudication
  • Enforcement of adjudicator’s award, where payment has not been made
  • Claims for damages

Our clients

Our specialists work with clients across the whole of the construction industry, including builders, developers, contractors and subcontractors, surveyors, architects and other professionals.

At some point, many organisations involved in construction will face a dispute; our team is able to support cases of all sizes, with seamless support from commercial litigation and commercial real estate practitioners.

Case study 1

Our client, a supplier of industrial plant machinery, was in a dispute with its major developer customer. The dispute centred on the quality and quantity of the goods and services provided to the developer and its sub-contractors.

The contract between the parties was very detailed and required full analysis. In advising the supplier, our team narrowed the issues of law and fact and planned an effective route to safely secure the best result through adjudication. The costs of the adjudication were far in excess of £50,000 and the supplier recovered £500,000.

The supplier faced the risk of paying the adjudicator’s costs of over £20,000 as well as its own legal costs in the event of failure, demonstrating the value of funding in minimising risk and aiding cash flow.

Case study 2

We acted for an SME construction company which found itself in financial difficulties following its involvement in a major project in the North West.

Our client had entered into a contract with a blue-chip main contractor, and the contract was very much in the main contractor's favour.

Through effective adjudication, we helped the client navigate through a difficult and complex dispute, leading to it making a full recovery. This was a great success story, demonstrating the value of alternative dispute resolution and specialist expertise.

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As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.