Why choose us
Stephensons is a nationally recognised, full-service law firm with a strong reputation for contentious work. Our construction disputes solicitors are experienced in NEC3 and NEC4 forms and appear regularly in adjudication, mediation and the Technology and Construction Court. We are independently recognised in leading legal directories and hold respected quality marks within the profession, reflecting our commitment to technical excellence, client care and robust case management.
We bring the resources of a large, multi-disciplinary firm to your dispute, drawing on specialists in commercial, regulatory and litigation teams where required. Our firm’s advocacy pedigree across high-stakes contentious matters, including a nationally regarded criminal law practice, underpins our ability to act decisively under pressure and to deliver persuasive representation in tribunals and courts.
Clients choose us for pragmatic advice, rapid mobilisation on urgent matters such as adjudication, and an unwavering focus on commercial results. We communicate in plain English, agree a strategy early and keep you fully informed on risk, cost and likely outcomes.
How we can help
We advise at every stage of disputes in NEC contracts, including fast-track responses where deadlines are critical. Our services include:
- Early case assessment and risk review under the relevant NEC option and secondary clauses
- Drafting and responding to early warnings, compensation event notices and quotations
- Programme disputes, delay analysis and entitlement to extensions of time and associated costs
- Payment disputes including applications, pay less notices, defects and final account issues
- Adjudication strategy, notices of adjudication, referral documents and representation
- Mediation and without prejudice negotiations to achieve settlement
- Enforcement of adjudicator’s decisions and TCC proceedings, including Part 7 and Part 8 claims
- Expert evidence management across quantum, delay and technical issues
- Termination, repudiation and recovery of loss, expense and damages
- Subcontract flow-down disputes and back-to-back NEC terms
We also provide project-side support to reduce the risk of future disputes, including contract set-up reviews, training on NEC procedures and template notices so your teams can comply with time-critical steps as the project progresses.
Common issues we handle
We regularly act in disputes in NEC contracts concerning:
- Compensation events: whether an event qualifies, time-bar compliance, defined cost assessments and audit rights
- Programme: acceptance or non-acceptance by the project manager, float, time risk allowance and concurrency
- Design responsibility and scope: ambiguities, changes to works information and fitness for purpose wording
- Payment: valuations, disallowed cost, pain/gain share under options C and D, and defects impacting payment
- Delay damages under option X7 and recovery of prolongation costs
- Project manager decisions and dispute escalation under options W1, W2 or W3
- Termination and final assessment disputes, including material breach allegations
- Professional negligence claims under PSC and coordination of multi-party liability
NEC contains detailed procedures and strict deadlines, such as notification requirements for compensation events, which can be fatal to a claim if missed. Early advice ensures you preserve entitlement and build the evidential foundation needed to succeed.
Our approach to resolution
We start with a focused review of your contract option, relevant secondary clauses, communications and project records. We then map your objectives against the best forum and timing for resolution, whether that is swift adjudication, targeted negotiation, mediation or court proceedings. Throughout, we weigh the cost and programme implications of each step to keep your commercial aims front and centre.
Where adjudication is appropriate, we work to the tight statutory timetable, producing clear, evidence-led submissions and engaging specialist experts when needed. If enforcement is required, we act promptly in the Technology and Construction Court to secure judgment and protect cash flow.
Key documents and evidence
Strong outcomes in disputes in NEC contracts depend on contemporaneous records. We help you to identify and collate the right evidence, typically including:
- The signed NEC contract, option clauses and any Z clauses
- Accepted programmes and all updates, including logic links and narratives
- Early warnings, risk register updates and communications with the project manager
- Compensation event notices, quotations, assessments and instructions
- Payment applications, certificates, pay less notices and final account materials
- Site diaries, progress photos, meeting minutes, RFIs and change records
- Cost records consistent with the schedule of cost components
If gaps exist, we will advise how best to address them and mitigate their impact on the dispute.
Funding and fees
We offer a range of funding options depending on the nature and value of the dispute, from competitive hourly rates and capped phases to fixed-fee stages for discrete pieces of work, such as drafting a notice of adjudication or preparing an adjudication referral. We provide clear costs estimates at the outset and regular updates as the matter progresses.
Time limits and early action
NEC procedures contain strict notification periods, for example the commonly encountered eight-week time bar for notifying certain compensation events, alongside statutory payment deadlines and adjudication timetables. Outside the contract, limitation periods may be six years for simple contracts or up to twelve years for deeds. Early legal advice is essential to preserve rights and maximise your prospects of success.
Who we act for
We represent employers, developers, main contractors, specialist subcontractors, consultants and framework providers operating under NEC3 and NEC4 across the UK. Our experience spans building, civil engineering, infrastructure, utilities, housing, education and healthcare projects.
Faqs about NEC contract disputes
What is different about disputes in NEC contracts compared with other standard forms?
NEC places heavy emphasis on proactive management, early warnings, an accepted programme and compensation events. Many disputes turn on whether procedures and time limits were followed, rather than purely on broad principles of valuation or delay. Getting the notices and programme right is often decisive.
Do I have to adjudicate before going to court under NEC?
Most UK NEC contracts include an adjudication option (often W2) giving a statutory right to adjudicate at any time. While you can sometimes proceed directly to court, adjudication is typically the quickest route to an interim, binding decision that can be enforced in the Technology and Construction Court.
How long does adjudication take under NEC?
Adjudication usually runs to around 28 days from the referral, though it can be extended by agreement or by the adjudicator in certain circumstances. The timetable is tight, so preparation and document management are critical.
Can I recover my legal costs in adjudication?
As a general rule, each party bears its own legal costs in adjudication unless the contract expressly provides otherwise or the parties agree to a costs mechanism. We will advise on proportionality and strategy to keep costs aligned to the value and complexity of the dispute.
What if the project manager refuses to accept the programme?
Non-acceptance does not, by itself, mean there is no programme; it often signals issues to resolve around logic, float or risk allowance. We can advise on engaging with the project manager, evidencing progress and, where needed, using adjudication to resolve disputes over acceptance and time entitlement.
What should I do if payment is delayed or under-certified?
Act quickly. Check the application and notice dates, review any pay less notice for validity, and consider adjudication to secure payment. We can assess your position within short timescales and, if appropriate, commence adjudication to improve cash flow.
Contact us
If you are facing disputes in NEC contracts and need swift, commercially focused advice, call Stephensons on 0161 696 6170. Alternatively, fill in our enquiry form for callback and a member of our construction disputes team will contact you promptly.
