CBE Disputes

We can provide advice on all types of construction contract disputes including:

  • Claims for extensions of time
  • Claims for associated loss and expense caused by delay or disruption to a building project
  • Claims for outstanding payments
  • Claims relating to defective workmanship
  • Claims for liquidated damages
  • Claims relating to the cost of carrying out additional works or variations under a contract
  • General property damage claims
  • Disputes over interim and final accounts or certification
  • Enforcement of adjudicators’ decisions
  • Professional negligence claims against building professionals such as architects, surveyors and engineers.

Whatever the nature of your dispute, we will take the course of action that fits in with your commercial objectives. This does not necessarily mean resorting to litigation through the courts as we can also provide advice and assistance in respect of adjudication, arbitration, mediation and other alternative dispute resolution mechanisms.

Contact us

If you require a solicitor, contact us today. We provide advice on a wide range of construction law issues to clients around Yorkshire and beyond from our offices in Leeds, York and Sheffield.

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

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We're connected to the people, businesses and infrastructure throughout Yorkshire

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You can be sure to expect superb client service from us. Our clients are our priority

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Frequently Asked Questions

What is My Best Remedy for Non-payment?

If you have a written contract, read it carefully and ensure you have an entitlement to suspend performance of the works in whole or part. If you have, ensure you have followed the payment regime yourself and then give appropriate notice to suspend the works in whole or part. Suspension in part is very useful as you may be able to defer delivery of a key component that makes the whole system work. It is best to seek legal advice on this because a failed suspension out with the contract can be regarded as a major breach of contract, i.e. abandoning the works and a claim may be made against you for leaving a site and not completing the work on time or at all.

What If My Contractor Goes Bust?

Most contracts contain specific termination clauses in this event and the contract must be carefully considered (as must the consequences of termination) before notice is served. In the event of insolvency, a contract must be terminated before another contractor can be given possession of the site in order to finish the works. You need to check very carefully that the act of insolvency “marries up” to the right to terminate. Again, this is a major step and so it is best to take legal advice.

Can an Employer Sue an Insolvent Contractor?

Yes, but leave of court is required and there isn’t much point in incurring the legal and other costs if you are an unsecured creditor as only pennies in the pound are usually recoverable.

Can an Insolvent Contractor Sue the Employer and Does the Employer Have to Pay Any Money?

The administrator/liquidator can sue for sums due and generally, those sums must be paid subject to any sums deductible by way of set-off or counterclaim.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

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