Key features of construction disputes

Copyright © 2026 LexisNexis

This subtopic looks at key features of construction disputes and issues to take into account when dealing with such disputes. It provides an introduction to common types of construction claims, considerations to be made during the early stages of a dispute, types of dispute resolution (DR) methods available, key aspects of conducting construction disputes, and the DR provisions in standard form building contracts.

Introduction to construction claims

The nature of construction projects and the law surrounding them means that claims are commonly made by both parties to construction contracts, both under the terms of the contract (for example, claims for additional time to complete the works) and for other breaches. These may be resolved in accordance with the contractual procedure for such claims, but can also escalate to formal disputes. There are a number of routes used for resolution of construction disputes, such as adjudication or litigation in the Technology and Construction Court (TCC), which are discussed below.

Practice Note: Common claims under construction contracts provides an overview of claims that typically arise under construction contracts including in relation to defects, extensions of time, variations to

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Construction News

BSI publishes PAS 2000:2026 on construction product safety

The British Standards Institution (BSI) has published PAS 2000:2026 – Construction products – Bringing safe products to market – Code of practice. The code sets out recommendations for construction product manufacturers and other economic operators to demonstrate that reasonable steps have been taken to ensure construction products placed on the market are safe for their intended use. Sponsored by the Office for Product Safety and Standards, the code outlines a due diligence approach aligned with Recommendation 3.3 of the Morrell-Day Review and aims to promote safety, transparency and continuous improvement throughout the construction supply chain. It addresses areas including pre-market risk assessment, factory production control processes, product information and documentation and the collection and use of market feedback. The code applies to construction product manufacturers, importers, distributors, product designers, contractors, building designers, building owners, accountable persons, regulators, conformity assessment bodies and insurers and warranty providers.

NHBC highlights ground gas risks for residential developers

The National House Building Council (NHBC) has outlined what residential developers need to know about ground gases when developing previously used land. It explains that gases such as methane, carbon dioxide or hydrogen sulphide may be generated by natural processes or historic waste disposal or mining work and can pose risks of explosion, fire hazards, air quality problems or asphyxiation if not properly investigated. NHBC stresses early desk research, preliminary risk assessment and appropriate gas protection measures and says its Land Quality Service can help sites meet NHBC Standards.

OPSS publishes machinery safety legislation response

The Office for Product Safety & Standards (OPSS) has published its response to a call for evidence on machinery safety legislation, announcing the government's intention to continue CE recognition for machinery products in Great Britain and update the Supply of Machinery (Safety) Regulations 2008. The response follows consultation with 48 respondents, of whom 45 supported continued recognition of EU product requirements and 43 favoured adopting a similar approach in GB to the EU's new Machinery Regulation 2023/1230. The government will lay legislation to continue CE recognition when Parliamentary time allows and will introduce measures compatible with EU requirements, though full alignment is not possible due to national requirements including UK conformity assessment bodies and UKCA marking. For Northern Ireland, implementation of the EU Regulation under the Windsor Framework requires legislation to be laid in Parliament by October 2026, in line with the EU deadline for enforcement provisions applying from January 2027.

SBCC publishes 2024 Minor Works contract suite adapted for Scottish law

The Scottish Building Contracts Committee (SBCC) has published its 2024 Minor Works suite, marking the first full suite in the SBCC 2024 series to be published. Derived from the JCT 2024 editions, the suite has been adapted for compliance with Scottish law and practice. The key themes underpinning the 2024 Minor Works suite include modernisation and streamlining, future-proofing measures, and the incorporation of legislative changes affecting Scotland.

View Construction by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

The Notice of Adjudication

The Notice of AdjudicationA Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it

Breach of natural justice in adjudication

Breach of natural justice in adjudicationPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious.There are three well-known facets to the principle of natural justice:•no one should be a

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
The Notice of Adjudication

The Notice of Adjudication

The Notice of AdjudicationA Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it

Breach of natural justice in adjudication

Breach of natural justice in adjudication

Breach of natural justice in adjudicationPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication then the decision may be a nullity if the breach is serious.There are three well-known facets to the principle of natural justice:•no one should be a

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some