Typical issues we resolve
We act across the full range of construction quality and defects disputes on commercial, residential and mixed‑use schemes, infrastructure and refurbishment projects.
- defective workmanship and finishes, snagging and incomplete work
- design defects and coordination issues involving architects and engineers
- water ingress, damp, fire stopping and cladding defects
- structural cracking, movement and foundation problems
- non‑compliance with building regulations, british standards and employer’s requirements
- mechanical and electrical faults, bms integration and commissioning failures
- material failures, product substitution and supply chain defects
- defects liability period, making good obligations and retention disputes
- claims under collateral warranties, performance bonds and insurance
How we can help
We tailor our strategy to the size, complexity and urgency of your dispute, drawing on the full range of resolution tools in construction law.
- early case assessment, risk analysis and settlement strategy
- contract review under jct, nec and bespoke forms, including notices and time bars
- coordinating independent experts, opening up works and scott schedules
- pre‑action protocol compliance and without prejudice negotiations
- adjudication for fast, enforceable decisions, including smash and grab and true valuation where defects impact payment
- mediation and expert determination for pragmatic, confidential outcomes
- court proceedings in the technology and construction court for high‑value or complex claims
- pursuing or defending claims against designers, subcontractors and suppliers, including contribution claims
- warranty, nhbc and latent defect policy claims and notifications
We act for employers, developers, main contractors, subcontractors, consultants, housing providers, commercial landlords and tenants across the uk. Our team understands sector pressures, from phased handovers and practical completion to statutory obligations under building safety legislation. We keep your project objectives and commercial drivers at the heart of every step.
Why choose us
Stephensons is a nationally respected law firm with a strong track record in contentious construction matters. We combine deep technical understanding with robust advocacy to protect our clients’ positions and to deliver commercially sensible results at pace.
Clients choose us because we are pragmatic, proactive and accessible. We give clear advice, realistic prospects assessments and early budgets so you can make informed decisions. We are regulated by the solicitors regulation authority and our dispute resolution teams are recognised for their expertise across high‑stakes litigation and urgent injunction work.
Our firm’s wider reputation for complex, contentious work, including regulatory and criminal defence, reflects our ability to handle matters where reputation, safety and compliance are in sharp focus. That experience often proves invaluable when construction defect issues overlap with regulatory investigations or building safety considerations.
Our approach to evidence and proof
Successful construction defect disputes turn on evidence. We move quickly to secure and preserve proof: photographs, site diaries, as‑built drawings, o and m manuals, test results and correspondence. Where appropriate, we arrange opening up, testing and joint expert inspections so that liability, causation and quantum can be assessed on reliable data.
We frequently prepare or respond to scott schedules, coordinate independent expert reports and ensure that contractual mechanisms for defects are followed. This disciplined approach helps narrow the issues early and positions you for a strong negotiation, adjudication or trial.
Limitation and time limits
Time limits for construction defect claims are complex and vary by cause of action and contract. Claims under simple contracts are commonly subject to a six‑year limitation period, while deeds may be twelve years. Negligence claims can, in some circumstances, benefit from an extension based on the date of knowledge, subject to a longstop. Claims under the defective premises act 1972 have been significantly affected by the Building Safety Act 2022, including extended periods for certain residential claims. Specific advice is essential because deadlines can be short and fact‑sensitive. Speak to us as early as possible to protect your position.
Funding and costs
We provide transparent costs information at the outset, including phased budgets and options for fixed fees on defined stages where appropriate. We discuss cost‑benefit at every milestone and consider part 36 offers and other tactics to manage cost risk. We can also explore insurance options and alternative funding arrangements in suitable cases.
Frequently asked questions
What counts as a construction defect
A construction defect is work, design or materials that fall below the standard required by the contract, drawings, specifications or applicable law and standards. It includes poor workmanship, non‑compliance with building regulations, design coordination failures and product defects that cause damage, loss or safety issues.
Should I allow the contractor to return to fix defects
Most contracts include a defects liability or rectification mechanism that gives the contractor a right and duty to return. In many cases you should allow that opportunity, while protecting your position with clear notices, timeframes and quality controls. We can advise on when it is reasonable to refuse access and engage others, for example where there is urgency, safety risk or repeated failure.
How do I prove the cause and cost of defects
Independent expert evidence is central. We help appoint appropriate experts, arrange opening up and testing, and compile a scott schedule setting out each defect, alleged breach, cause, remedy and cost. Robust records and contemporaneous photos materially improve your prospects.
How long do I have to bring a claim
Limitation depends on the contract form, whether the agreement is a deed, the nature of the claim and when the defect became known. There are also specific rules for residential properties under the Defective Premises Act 1972 as amended by the Building Safety Act 2022. Seek advice promptly to avoid missing critical deadlines.
What is adjudication and how fast is it
Adjudication is a statutory, rapid dispute process for construction contracts, typically producing a binding, enforceable decision within 28 days. It is ideal for urgent issues such as responsibility for defects, release of retention or payment adjustments due to remedial costs. We prepare focused submissions and manage the timetable to maximise your prospects.
Can I claim for loss of rent or business interruption
Consequential losses such as loss of rent, delay damages or additional financing costs may be recoverable depending on causation, remoteness and any contractual exclusions. Early analysis of the contract and the factual matrix is vital to quantify and preserve these heads of loss.
What documents should I gather now
Collect the building contract and amendments, drawings and specifications, method statements, test certificates, site diaries, emails and minutes, photographs and videos, o and m manuals, warranty documents and any notices exchanged. We can help triage and organise these materials quickly.
Contact us
For decisive, commercial advice on construction defect disputes, speak to the construction disputes team at Stephensons. Call 0161 696 6170 or fill in our enquiry form for callback. We can arrange a prompt initial consultation to assess your options and protect your position.
