How construction delay disputes arise
Most disputes stem from disagreements about responsibility for delay and its consequences. Under standard forms such as jct and nec, time is usually regulated by notices, a contract programme and mechanisms for extensions of time and loss and expense. Disputes frequently turn on whether notices were valid, whether events qualify as relevant events/compensation events, the critical path and any concurrency, and whether liquidated damages can be levied or resisted under the prevention principle.
Common triggers include late design information, variations, access restrictions, defective work, adverse weather, supply chain issues, late approvals, unforeseen ground conditions and employer changes. Proper records and contemporaneous updates to the programme are often decisive in determining who bears the risk and cost of delay.
Why choose us
Stephensons is a nationally recognised firm with a strong track record in contentious construction and commercial dispute resolution. We are a lexcel-accredited practice, reflecting the law society’s quality mark for excellence in client care, compliance and case management. Our litigators act for clients across England and Wales and are trusted for clear advice, robust advocacy and practical solutions.
We have significant experience in adjudication and urgent interim remedies. Our lawyers are accustomed to short timetables, intensive evidence gathering and strategic submissions, giving our clients a decisive edge when speed matters. Where court action is required, we pursue or defend proceedings in the technology and construction court with the same commercial focus.
Our firm’s reputation across multiple contentious disciplines, including regulatory and criminal defence, underpins our meticulous approach to evidence, investigation and advocacy. That breadth means we are comfortable with complex factual matrices, technical expert issues and high-stakes negotiation under pressure.
Clients choose us for our sector insight, transparent pricing and commitment to early, measurable results. We explain your options plainly, align our strategy to your commercial objectives and keep you informed at every step.
How we can help
We provide end-to-end support on construction delay disputes, from early risk audits to final resolution. Our services include:
- urgent triage of live projects, including contract reviews under jct, nec and bespoke forms
- preparing and responding to extension of time and loss and expense claims
- advising on notice requirements, time bars and programme obligations
- assessing liquidated damages exposure and prevention arguments
- analysing delay with your planning experts, including critical path and concurrency issues
- pursuing or defending adjudication, including rapid response to notices of adjudication
- negotiation, mediation and without prejudice settlement strategies
- tcc litigation and arbitration where necessary
- costs-benefit analysis, budgeting and project document management
At the outset, we identify the key issues, the evidence you have and the evidence you need. We help you preserve and assemble records such as programmes, progress updates, site diaries, rfis, instructions, delay notices, photographs and cost data. We work closely with planning and quantum experts to make sure your case is technically robust and presented clearly.
Adjudication for construction delay disputes
Adjudication is often the fastest route to determine liability for delay, entitlement to time and the knock-on effects on liquidated damages or prolongation. Under the housing grants, construction and regeneration act 1996 (as amended), most construction contracts allow either party to refer a dispute to adjudication at any time, with a typical timetable of 28 days from referral. Stephensons is experienced at running adjudications at pace, from drafting referrals and responses to coordinating expert input and witness evidence.
If you receive a notice of adjudication, act immediately. Strict deadlines apply and early engagement can be the difference between a successful defence and an adverse award. We can step in on short notice to protect your position, challenge jurisdiction if appropriate and ensure your factual and technical case is put forward persuasively.
What to do if you face delay allegations or liquidated damages
If you are accused of causing delay or face deductions for liquidated damages, take the following practical steps:
- review the contract to confirm notice provisions, extension of time mechanisms and any time bars
- secure contemporaneous records and update the programme to reflect actual progress
- identify potential relevant events or compensation events and issue timely notices
- consider prevention and concurrency issues, and whether revised completion dates are required
- assess commercial leverage and settlement options alongside your legal position
- seek early legal advice to avoid waiving rights or missing deadlines
The sooner you take stock, the stronger your prospects of avoiding or reducing exposure to liquidated damages and related claims.
Sectors we support
We act for employers, developers, main contractors, specialist subcontractors and consultants across commercial, residential, infrastructure, education, healthcare and public sector projects. Our experience covers both traditional and design and build procurement, frameworks and alliancing arrangements, as well as pfi and long-term maintenance contracts.
Our approach to costs
We offer a range of funding options to suit the scale and urgency of your dispute. These may include fixed-fee initial reviews, staged fees for adjudication or mediation, or budgeted hourly rate retainers for complex litigation. We will provide clear costs information at the outset and keep you updated as your matter progresses.
Frequently asked questions about construction delay disputes
What is a construction delay dispute? A construction delay dispute arises when parties disagree about the cause of delay, entitlement to an extension of time, liability for liquidated damages and the cost consequences such as prolongation or disruption. Resolution often requires contractual analysis, technical delay analysis and careful evidence management.
What is the difference between an extension of time and loss and expense? an extension of time adjusts the completion date to reflect qualifying delay events, protecting the contractor from liquidated damages for that period. loss and expense (or compensation events under nec) concerns the financial consequences of delay or disruption, such as additional preliminaries or extended site costs. entitlement to time and money may be assessed differently under the contract.
What is concurrent delay? concurrent delay refers to separate delay events, attributable to different parties, which overlap in time and both affect the critical path. Many contracts or legal principles address how concurrency impacts entitlement to extensions of time and additional costs. expert delay analysis is often required to assess concurrency.
Can an employer still deduct liquidated damages if it has prevented completion? Where an employer’s actions amount to prevention and the contract does not provide a mechanism to adjust time for that prevention, the prevention principle may operate to stop the employer charging liquidated damages. most modern forms include extension of time machinery to avoid time being set at large, but prevention issues still arise in practice.
How important are notices and records? Very many contracts impose strict notice and substantiation requirements, with potential time bars for late notice. Contemporaneous records, updated programmes, site diaries and correspondence are essential to proving delay, demonstrating mitigation and supporting or resisting claims.
How long does adjudication take? Adjudication is designed to be quick. from service of the referral, the adjudicator’s decision is usually due within 28 days, which can be extended by agreement or in limited circumstances by the adjudicator. The decision is temporarily binding and can be enforced in the technology and construction court.
Do i need an expert? Most significant delay disputes benefit from an independent planning expert to analyse the programme, critical path and concurrency, and sometimes a quantum expert for disruption and prolongation. we help you scope, instruct and manage experts proportionately to the value and complexity of your case.
Contact us
For prompt, practical advice on construction delay disputes, speak to our team today. Call 0161 696 6170 or fill in our enquiry form for callback. We will arrange an initial discussion and outline a clear plan to protect your position and achieve the best possible outcome.
