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Construction contracts & disputes

Clear advice when the contract gets complicated.

We help you understand your position, organise the evidence and decide how to move forward. Most matters settle commercially, and the ones that do not are won on preparation.

Where this helps

Contract problems are commercial problems first.

By the time a payment is late or a variation is refused, the commercial answer usually already exists somewhere in the contract, the correspondence and the records. The difficulty is finding it, valuing it and presenting it in a way the other side has to engage with.

This service principally supports contractors and subcontractors. The same work is available to developers, private clients and other construction clients, subject to conflicts and the appointment we agree.

Typical instructions

  • A contract to review before signing
  • An application that will not get paid
  • An extension of time claim to prepare
  • A contra-charge to assess or resist
  • An adjudication with a deadline running
  • A final account nobody will close
Six services

From reading the contract to preparing the referral.

Take one of these on its own or combine them. A contract review and a single claim are both perfectly normal instructions.

Understanding what you are signing up to, before it becomes a problem. We read the contract against how the job will actually be built and paid.

  • Amended JCT, NEC and bespoke forms
  • Onerous terms and risk transfer
  • Payment mechanisms and notice regimes
  • Subcontract terms and schedules of amendment
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Getting paid what the contract entitles you to, whether that is a stalled application, a disputed variation or a final account that has gone quiet.

  • Applications and payment notices
  • Variation valuation and substantiation
  • Final account preparation and agreement
  • Chasing and escalating overdue payment
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Building the claim properly: what happened, what the contract says about it, and what it is actually worth in time and money.

  • Extension of time claims
  • Prolongation and loss and expense
  • Disruption and loss of profit
  • Cause, effect and supporting records
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Closing the matter out rather than escalating it. Most disputes are settled commercially, and a well-prepared position is what makes that possible.

  • Subcontractor dispute resolution
  • Contra-charge and set-off assessment
  • Final account settlement
  • Support at negotiation and mediation
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Working to the short timetable adjudication imposes, preparing either the referral or the response, with the evidence and quantification behind it.

  • Referral and response preparation
  • Evidence, records and chronology
  • Quantification of the sums claimed
  • Working alongside your solicitor
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An independent view of value and entitlement, for directors, funders or anyone who needs to know the real position before committing to a course of action. Available as commercial advice, or as expert witness input within our confirmed area of competence.

  • Independent assessment of quantum
  • Review of a claim before it is served
  • Assessment of a claim made against you
  • Expert witness reports and evidence
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01 / Contract Review & Commercial Drafting Support

Know what you are signing.

Standard forms are rarely used unamended. The amendments are where the commercial risk usually sits, and they are easiest to deal with before the contract is executed.

When it helps

  • A contract or subcontract to sign
  • Amendments you did not draft
  • Terms inherited from a main contract
  • Payment terms that look unworkable

What we do

  • Read the terms against how the job will be built
  • Identify onerous amendments and risk transfer
  • Check payment, notice and programme obligations
  • Mark up or draft the commercial terms

What you receive

  • A marked-up contract or schedule of amendments
  • A plain-English summary of the commercial risks
  • The notices and deadlines you must diarise
  • A clear view of what to negotiate first

Where a document is intended to be executed as a deed, we work with your solicitor to settle it.

02 / Payment, Variation & Final Account Claims

Get paid what you are entitled to.

Payment disputes are often less about the money in principle and more about the way the entitlement has been presented, valued and notified.

When it helps

  • An application has been undervalued
  • A payless notice has been issued
  • Variations are stuck without agreement
  • A final account has stalled for months

What we do

  • Value the work and the change properly
  • Check the payment mechanism and notices
  • Assemble the substantiation behind each item
  • Prepare the claim and escalate it in sequence

What you receive

  • A valued, evidenced account or claim
  • Your position under the payment terms
  • The correspondence to put it in front of them
  • A recommended order of priority
03 / Claim Assessment & Preparation

Time and cost, evidenced.

A claim stands or falls on cause and effect. We reconstruct what happened from the records, tie it to the contractual entitlement and quantify the consequence.

When it helps

  • The project has been delayed and you carried the cost
  • Prolongation and preliminaries are unrecovered
  • Disruption has eroded the margin
  • Loss of profit needs establishing

What we do

  • Reconstruct the chronology from the records
  • Establish cause, effect and entitlement
  • Quantify time-related and disruption cost
  • Write the narrative and supporting schedules

What you receive

  • A structured claim with evidence and quantification
  • Schedules that can be tested line by line
  • An honest view of the strong and weak parts
  • A recommendation on how hard to push

Where a matter calls for formal programming or delay analysis beyond our own competence, we will say so and work with a specialist rather than stretch the point.

04 / Commercial Negotiation & Settlement Support

Settle it, where settling is the right answer.

Formal process costs money and time, and it damages relationships you may want to keep. A properly evidenced position is usually what gets a matter closed without one.

When it helps

  • A subcontractor account is in dispute
  • Contra-charges have been levied against you
  • Set-off is being applied to your payments
  • Both sides want it finished

What we do

  • Establish the true commercial position
  • Prepare contra-charge and set-off assessments
  • Set a negotiating position and a fallback
  • Attend the meeting or support you at mediation

What you receive

  • A position paper with a settlement range
  • The substantiation behind each head of claim
  • Support in the room when it is discussed
  • A clear record of what was agreed
05 / Adjudication Preparation & Support

Short timetable. Serious preparation.

Adjudication moves quickly, and a response is often needed in days. The work is largely commercial: the entitlement, the records and the numbers, assembled into something an adjudicator can follow.

When it helps

  • You intend to refer a matter
  • A notice of adjudication has landed
  • A response is due on a short timetable
  • Your solicitor needs the commercial case built

What we do

  • Prepare the referral or the response
  • Assemble evidence, records and chronology
  • Quantify the sums in issue
  • Work alongside your legal advisers

What you receive

  • The claim or response document
  • Appendices, schedules and quantification
  • A realistic view of the position
  • Support through the timetable

Adjudication is not a court process, and a party may be assisted or represented by advisers of its choice. Where a decision needs enforcing through the courts, that is work for a solicitor and we will hand over cleanly.

06 / Independent Commercial & Quantum Assessments

An independent view of the number.

Sometimes the useful thing is not advocacy but an honest assessment: what is this actually worth, and how strong is the position really? This is available either as commercial advice for your own decision-making, or as formal expert witness input within our confirmed area of competence.

When it helps

  • Directors need a view before committing spend
  • A claim has been made against you
  • You want your own claim tested first
  • A funder or insurer has asked the question
  • Proceedings need independent expert evidence on quantum

What we do

  • Assess quantum independently of the parties
  • Test the entitlement against the contract
  • Identify what the records will and will not support
  • Set out the reasoning transparently
  • Prepare a formal expert report where instructed

What you receive

  • A written assessment with a valuation range
  • The assumptions we have made, stated plainly
  • The weaknesses as well as the strengths
  • A basis for the next commercial decision

Independent commercial assessment is for your own decision-making and does not carry legal advice privilege. A formal expert witness appointment is a separate, more formal role: an expert's overriding duty is to the court or tribunal, not to the party instructing them, and that duty is confirmed with you before any such appointment begins. We accept expert instructions only within construction cost and quantum, our confirmed area of competence, and only once we have checked our professional indemnity cover extends to it.

How an appointment starts

Deadline first, then the detail.

If something is already running against you, tell us that at the start. It changes the order everything else happens in.

Working with your legal advisers

We are quantity surveyors and commercial managers, not solicitors, and we are straightforward about where that line sits. We prepare and present the commercial case: the entitlement, the records, the valuation and the negotiation. Some activities in England and Wales are reserved to authorised professionals, including conducting court proceedings and advocacy in court, and we will tell you plainly when a matter needs a solicitor.

Two sides of the same table

Much of this work benefits from having sat on both sides. We have prepared and defended claims contractor-side, and assessed them client-side, which tends to produce a realistic view of what will actually be conceded and what will be fought.

Common questions

Questions we're often asked.

Can you help with a single claim?

Yes. A single claim, one contract review or one contra-charge assessment is a perfectly normal instruction. There is no requirement to take a wider appointment, and plenty of this work is one matter, handled once.

Can you review a contract before we sign?

Yes, and it is the cheapest point at which to deal with a problem. We will tell you which amendments carry real commercial risk, what the payment and notice obligations commit you to, and which points are worth negotiating.

Can you help prepare an adjudication claim or response?

Yes. We prepare referrals and responses, assemble the evidence and records, and quantify the sums in issue. Adjudication is not a court process, and a party may be assisted or represented by advisers of its choice. Where a decision then needs enforcing through the courts, that is work for a solicitor.

Can you act as an expert witness?

Yes, on construction cost and quantum, which is our confirmed area of competence, subject to a conflict check. An expert witness owes their overriding duty to the court or tribunal, not to the party who instructs them, and we are straightforward about that before accepting an appointment. We do not act as an adjudicator: that is a separate, neutral role we do not offer.

Can you work alongside our solicitor?

Often that is the best arrangement. Your solicitor deals with the legal strategy and anything reserved to them, and we build the commercial case underneath it: entitlement, records, valuation and quantum. One thing worth knowing is that legal advice privilege attaches to advice from qualified lawyers, so our advice does not carry it. Where privilege matters, we are happy to be instructed through your solicitor.

What information should we provide?

The contract and any amendments, the drawings and specification, your applications and any payment or payless notices, the programme, correspondence with the other side, and whatever site records exist. Send what you have. Part of the job is working out what is missing and what can be reconstructed.

What if there is an imminent deadline?

Tell us the date in your first message and call rather than email if it is tight. We will be straight with you about whether it can be done properly in the time available. Please note that sending an enquiry does not create an appointment or protect a deadline. Nothing is running until we have agreed scope in writing.

Tell us where the contract has gone wrong.

A short conversation is usually enough to see what you are dealing with and what the sensible next step is.

Discuss a contract or claim