What counts as construction health, safety and compliance disputes
Construction health, safety and compliance disputes typically involve the interaction of regulatory duties, contractual risk allocation and insurance coverage. Common situations include challenges to HSE enforcement, claims arising from alleged breaches of CDM 2015 duties, disputes over responsibility for temporary works and site safety, disagreements about method statements, lift plans and RAMS compliance, fee for intervention disputes, allegations of defective or unsafe design or workmanship, and Building Safety Act related obligations for higher-risk buildings.
These issues frequently run alongside wider construction disputes, including adjudication over delay, disruption and variations, where safety events, near misses or incidents become part of the causation and liability narrative. We ensure that your regulatory response is aligned with your commercial strategy.
How we can help
We provide end-to-end support throughout the life cycle of a construction health, safety and compliance dispute, including urgent response after an incident. Our services include:
- Immediate incident response, including advice on preserving evidence, RIDDOR reporting and engagement with the HSE or local authority
- Representation at interviews under caution and liaison with investigators
- Appeals against improvement and prohibition notices to the employment tribunal
- Advising on fee for intervention queries, disputes and cost challenges
- Regulatory defence in the magistrates’ court and crown court
- Support with coroner’s inquests following fatalities
- Contractual dispute resolution where safety issues are in dispute, including adjudication, mediation, arbitration and Technology and Construction Court proceedings
- CDM 2015 compliance advice for clients, principal designers, principal contractors and contractors, including drafting and review of appointments and allocation of duties
- Advising on Building Safety Act and dutyholder regime issues, including gateways, golden thread obligations and resident safety considerations for higher-risk buildings
- Insurance and notification advice, including public liability, professional indemnity and project policies
We act quickly, coordinate communications, and prepare a strategy that considers your regulatory, contractual and reputational priorities.
Why choose us
Stephensons is a national law firm with a long-standing reputation for delivering practical, commercial solutions to complex disputes. We are regulated by the Solicitors Regulation Authority and are recognised by independent legal directories for our work across dispute resolution and regulatory matters. Our multi-disciplinary team combines construction, health and safety and criminal regulatory experience, giving you a single, coordinated point of contact.
Our lawyers have extensive experience defending investigations and prosecutions arising from construction incidents and advising on parallel adjudications and TCC claims. Our criminal and regulatory defence teams are highly regarded for their work in serious investigations, which often run hand in hand with construction safety disputes. You benefit from that depth of advocacy and case management when the stakes are high and time is short.
Clients value our clear communication, early risk assessment, and strategic focus on resolution. We offer cost transparency, including fixed-fee scoping for early advice and staged budgets for complex disputes.
Our approach to urgent incidents
Speed matters when the HSE is on site or a prohibition notice stops work. We mobilise quickly to advise on engagement with inspectors, site access, document preservation and worker interviews. We prepare you for interviews under caution, help you manage parallel internal investigations and ensure that any immediate steps to resume work are aligned with your legal position and your contractual obligations.
Adjudication where safety is in dispute
Many construction health, safety and compliance disputes are resolved through adjudication. We regularly act for parties bringing or defending adjudications where safety events, method statements, CDM responsibilities and Building Safety Act obligations are central to entitlement, liability and valuation. We prepare persuasive submissions, assemble the technical and factual evidence, and manage experts and witnesses to tight timetables.
Appeals and prosecutions
If you receive an improvement or prohibition notice, you may have grounds to appeal to the employment tribunal. We assess prospects swiftly, prepare appeals, and apply for suspensions where appropriate. If a prosecution is brought, we defend in the magistrates’ court and the crown court, working with experienced counsel and technical experts to challenge the case, mitigate risk and protect your organisation and individuals.
Who we act for
We advise clients across the construction supply chain, including clients and developers, principal designers and designers, principal contractors and contractors, specialist subcontractors, temporary works coordinators, and facilities managers. We also support insurers and brokers on coverage and monitoring.
Fees and funding
We will discuss fees with you at the outset. For urgent regulatory advice we can often offer a fixed-fee initial consultation. For adjudication and litigation we provide phased budgets and, where appropriate, alternative fee options. We will also advise on any available insurance cover and notification requirements.
Frequently asked questions
What should we do immediately after a construction incident
Prioritise safety, secure the scene and preserve evidence. Consider RIDDOR reporting obligations and notify your insurers without delay. Limit internal commentary and prepare a concise factual record. Seek legal advice before providing documents or attending interviews under caution to ensure privilege is preserved and your regulatory and contractual positions are protected.
Can we appeal an improvement or prohibition notice from the HSE
Yes. Improvement and prohibition notices can be appealed to the employment tribunal within strict deadlines. Appeals can challenge whether there was a contravention, the risk identified or the steps required. In some cases, you can request suspension of a notice pending appeal. Early legal advice is crucial.
How do health and safety findings affect our construction contracts
Regulatory findings can influence liability for delay, disruption and additional cost. They may also engage indemnities, insurance requirements and termination rights. We coordinate your regulatory response with your contractual strategy to minimise knock-on commercial risk and to align evidence across proceedings.
What are our duties under CDM 2015
CDM 2015 sets out duties for clients, designers, principal designers, principal contractors and contractors, focusing on planning, coordination and management of health and safety throughout the project. Clarity on appointments, competence, pre-construction information, construction phase plans and welfare arrangements is essential. Disputes often arise where these duties and lines of responsibility are not clearly allocated or followed.
What is fee for intervention and can we challenge it
Fee for intervention is the HSE’s cost recovery scheme when a material breach of health and safety law is identified. Invoices can be queried and, in appropriate cases, challenged. We advise on the best route to dispute charges while safeguarding your broader regulatory and commercial interests.
Will our internal investigation be privileged
Privilege depends on purpose and process. If an investigation is undertaken for the dominant purpose of obtaining legal advice or in contemplation of litigation, privilege may attach to certain documents. Involving lawyers early and structuring the investigation accordingly increases the likelihood that privilege is maintained.
What is the Building Safety Act’s impact on health and safety disputes
The Building Safety Act introduces additional obligations, particularly for higher-risk buildings, with a regulator-led regime, gateways, the golden thread of information and extended liabilities. Safety non-compliance can now have broader project and lifecycle implications, including regulatory action and civil claims. We advise across these interlinked obligations and disputes.
Preparing your business
Proactive steps reduce the likelihood and impact of disputes. We can review your CDM appointments and duties, audit RAMS processes, stress test incident response plans, and align your construction contracts and consultant appointments with regulatory requirements and insurance terms. Training for directors and site managers on investigations and interviews under caution can further protect your organisation.
Contact us
For immediate advice on construction health, safety and compliance disputes, call Stephensons on 0161 696 6170. Alternatively, fill in our enquiry form for a callback. We act for clients nationwide and can mobilise quickly to support you on site and in proceedings.
