Why choose us
Stephensons is a national law firm with a proven track record in complex commercial and construction litigation. We combine sector knowledge with pragmatic, commercial advice that focuses on outcomes, not process. Our team is experienced in JCT, NEC and bespoke development agreements, as well as professional appointments, collateral warranties, bonds and guarantees.
We are regulated by the Solicitors Regulation Authority and provide clear scoping and budgeting from the outset. Clients value our responsiveness on urgent matters such as adjudications and interim remedies, and our ability to assemble the right team of counsel and independent experts when needed.
Stephensons is known nationwide for robust advocacy across contentious disciplines, including criminal defence work, reflecting our wider litigation pedigree. The same tenacity and attention to detail underpin our approach to developer disputes, from emergency advice on payment notices through to trial preparation.
How we can help
Early case assessment. We analyse the contract, programme, correspondence and expert evidence to identify your strongest routes to resolution, likely risk, and commercial options. You will receive a clear plan within tight timeframes.
Adjudication strategy and advocacy. We prosecute or defend adjudications under the construction act and the scheme for construction contracts, including payment, valuation, defects, extensions of time and final account disputes. We prepare persuasive submissions, witness evidence and expert materials, and act in enforcement or restraint applications in the Technology and Construction Court (TCC).
Negotiation and mediation. We conduct without prejudice negotiations and represent you at mediations to secure cost‑effective settlements that preserve, where possible, programme and cash flow.
Arbitration and court proceedings. Where adjudication is unsuitable or has not resolved matters, we act in arbitration and in the TCC for declarations, damages, specific performance, injunctions and enforcement.
Project rescue and risk management. We advise on notices, payment cycles, pay less notices, suspension, step‑in rights, liquidated damages and termination to protect your position during live projects.
Typical developer disputes we handle
- Valuation and final account disputes, including variations, provisional sums and loss and expense
- Payment, pay less notices and alleged smash‑and‑grab adjudications
- Delay, disruption, extensions of time and liquidated damages
- Defects, quality and snagging, including design coordination and fitness for purpose issues
- Practical completion, partial possession and sectional completion disagreements
- Design responsibility and professional negligence claims against consultants
- Ground conditions, contamination and unforeseen site risk allocation
- Termination, repudiatory breach, step‑in and completion by others
- Performance bonds, parent company guarantees, collateral warranties and latent defects insurance issues
- Neighbour matters, rights of light, access licences and statutory undertaker interfaces
Our approach to adjudication and TCC proceedings
Adjudication moves fast, often with a 28‑day timetable. We mobilise quickly, define the issues precisely, and ensure compliance with notice requirements so that jurisdictional challenges do not derail your position. Where you are on the receiving end, we assess prospects for a swift negotiated outcome or a robust defence, including challenges for inadequate notices or breaches of natural justice.
For court or arbitration, we build a coherent evidential picture from day one: contemporaneous records, delay analysis, expert input and properly marshalled witness evidence. We focus on the key issues that will decide the case to manage cost and keep momentum, using part 7 or part 8 proceedings as appropriate and seeking interim relief where necessary.
Evidence we will need
Good records win construction disputes. We will typically ask for the building contract and any amendments, the programme and revisions, site diaries and meeting minutes, notices served and received, payment applications and valuations, inspection and snagging reports, as‑built drawings, correspondence and any expert reports. If your systems are not complete, we can still help to reconstruct the picture and plug evidential gaps quickly.
Costs and funding
We offer clear, staged budgets and, where suitable, fixed fees for defined adjudication stages. For larger disputes, we provide phased cost plans and regular cost reporting. Alternative funding options, such as after‑the‑event insurance or third‑party funding, may be available in appropriate cases; we will discuss suitability at the outset.
Time limits and early action
Limitation periods are critical. Most contract claims must be issued within six years of breach, or up to twelve years if executed as a deed. Defective work and negligence claims may follow different rules. Payment and notice deadlines under the construction act and your contract are often measured in days, not weeks. If in doubt, seek advice immediately to avoid losing rights.
Practical steps you can take now
Check your contract and amendments for notice requirements, payment cycles and dispute resolution clauses. Diarise all upcoming notice dates, including payment and pay less deadlines. Preserve contemporaneous records and instruct the project team to route all key communications through a central point. Avoid unqualified admissions in correspondence and seek early legal advice before serving termination or suspension notices.
Developer disputes common questions
What is the quickest way to resolve a payment dispute?
Adjudication is usually the fastest route and is designed to provide a temporarily binding decision to keep cash flowing. Strong, compliant notices and clear valuation evidence are vital to success.
Can I recover my legal costs in adjudication?
As a general rule, each party bears its own costs unless the contract allows otherwise. The adjudicator’s fees are usually shared or allocated as directed in the decision.
How do liquidated damages work?
If delay is not excused by an extension of time, the employer or developer can deduct the pre‑agreed daily or weekly rate, provided contractual preconditions for deduction are met and any required notices have been served.
What counts as practical completion?
It is a fact‑sensitive question. In broad terms, the works must be complete for their intended purpose with no patent defects other than minor items not preventing beneficial use. Contracts often add specific criteria.
Who is responsible for design defects?
Responsibility follows the contract. Under design and build, the contractor typically assumes design responsibility; under traditional procurement, consultants may share responsibility. Fitness for purpose obligations are uncommon and must be expressly agreed.
Should I terminate for breach?
Termination is high‑risk and must follow the exact contractual process. Serving a defective notice or terminating without sufficient grounds can itself be a repudiatory breach. Take advice before acting.
Do I need expert evidence?
In most defect and delay disputes, yes. Independent technical experts and delay analysts can be decisive. We will help you choose and brief the right experts.
Are adjudicator’s decisions final?
They are temporarily binding. Many disputes settle after adjudication, but either party can refer the matter to arbitration or court for a final determination. Adjudicator’s decisions are usually enforced promptly by the TCC.
Contact our developer dispute solicitors
If you are facing a dispute or anticipate one on a live project, our developer dispute solicitors can help. Call Stephensons on 0161 696 6170 for immediate advice or fill in our enquiry form for a callback.
This content is for general information only and does not constitute legal advice. Specific advice should be sought on your particular facts and contract.
