Construction & Payment Disputes
Practical steps when payment or performance is disputed.
Practical steps when payment or performance is disputed.
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Unpaid claims, disputed deductions and unresolved final accounts can put pressure on a construction business. We help contractors, subcontractors and construction businesses assess what the contract provides, what the records show and which steps are available.
Our work includes payment demands, final-account and retention disputes, delay and liquidated-damages issues, settlement negotiations and CIPAA adjudication work. We assist with pursuing claims and responding to them, with attention to the evidence and procedural deadlines.
We advised a construction consortium partner on a final-account and retention dispute, including settlement negotiations and finalisation of an agreement providing for distribution of retention monies and withdrawal of arbitration. The agreement addressed both monies held and amounts subject to later release.
We acted for an infrastructure subcontractor in preparing and progressing a CIPAA payment dispute involving final-account valuation, withheld sums, prolongation claims and disputed liquidated damages. The work included reviewing extension-of-time and completion records. This describes an ongoing claim, not an adjudication award.
We represented a contractor responding to a CIPAA claim involving certified work, retention, advance payments, disputed termination and set-offs. We also advised on the adjudication decision and the available post-decision options.
We acted for a building contractor pursuing outstanding payment for completed construction works, preparing a formal demand and proposed recovery action. The work focused on identifying the debt, the supporting documents and the next procedural step.
These anonymised examples describe the work undertaken. An agreement to pay or a demand does not establish that payment has been received, and previous matters do not determine another dispute’s outcome.
Start with the contract and records: the appropriate approach depends on what is payable, when it became due, disputed deductions or counterclaims, and the dispute-resolution clause. Retention, variations and delay claims require careful review of contractual conditions and supporting evidence.
Negotiation and settlement: a commercial resolution may address payment timing, security, release of retention and outstanding obligations. Mediation may also be appropriate.
CIPAA adjudication: eligible payment disputes under qualifying written construction contracts may be referred to adjudication. Contract date, the nature and location of the work, and statutory exclusions matter. The process has short deadlines; obtain advice promptly on any payment claim or adjudication papers.
Court, arbitration and enforcement: an adjudication decision has binding effect subject to the statutory framework, while arbitration or court proceedings may determine the underlying dispute finally. Enforcement, a stay or setting aside requires separate consideration. An award does not guarantee recovery, and suspension or direct-payment remedies have statutory conditions. Seek advice before stopping work.
We identify the parties, contract, unpaid or disputed sums, project position and urgent deadlines.
We examine claims, certificates, invoices, notices, correspondence and relevant project records.
We explain the available contractual, negotiation, adjudication or court options and their requirements.
We prepare and pursue the agreed steps, respond to the other side and address implementation or enforcement where appropriate.
Prepare the contract or letter of award, payment claims, certificates, invoices, account statements and relevant correspondence. For delay or deduction issues, include notices, programmes, extension-of-time decisions, completion records and the calculation relied on. Keep proof of when any claim or adjudication papers were received.
Start with a brief enquiry so we can check conflicts and arrange an appropriate channel for confidential documents. Do not wait until a response deadline is close.
General information only. Contacting us does not by itself create a solicitor-client relationship.