Construction disputes

At Penningtons Manches Cooper, we drive construction disputes toward the best outcomes for our clients while delivering excellent service. By leveraging our extensive knowledge and experience, we also regularly help clients avoid disputes through understanding their commercial priorities and providing responsive, strategic advice.

Legal advice on construction disputes

Our team of specialist construction disputes lawyers is deeply familiar with construction processes and technology, standard forms of contract and all major dispute resolution forums. We offer insightful advice on issues arising during construction and on how to prevent disputes altogether.

We have a busy adjudication practice, regularly handling disputes over contract formation, payment, variations, delay and completion. Our expertise includes advising on default and termination of construction contracts – both proactively and after the event – particularly in cases involving delay or insolvency.

They are some of the best lawyers I have dealt with. Their opinions and advice are thorough, professional and to the point, and the result was absolutely outstanding.

Chambers UK

Property investors, occupiers and property managers rely on us to guide them through the investigation, remediation and claims processes when defects emerge in completed buildings. Developers, contractors, professionals and insurers also instruct us to manage such claims. We have a strong track record in negotiating agreements for remedial works and securing recoveries in complex, multi-party cases.

Known for our meticulous approach and clarity, we cut straight to the key issues and handle challenging disputes efficiently, consistently achieving strong results for our clients.

We also have specialist expertise in insurance coverage, advising on property, works, professional indemnity, public liability and latent defect insurance policies.

Our work spans multiple jurisdictions. We support clients globally through our international offices and an established network of trusted local contacts, ensuring a seamless service wherever disputes arise.

How we help our clients

Contractual disputes over formation, interpretation and the application of contractual mechanisms

Disputes over interim and final payments and effective use of adjudication

Disputed changes relating to entitlement and value

Delay and disruption issues, including entitlement to additional time, costs and delay damages

Underperformance and termination – from strategies to improve performance to disputed termination

Defect claims, including structural issues, building services, water ingress and fire safety

Insurance

What our clients are saying

I only have good words for the firm. The matter is really challenging but they understand that. Sometimes we have to act so quickly and they are good at that.

Chambers UK

Their client service and general level of service is very strong … We enjoy working with them and they have assisted us to a resolution on several unusual cases.

Chambers UK

The team is very diligent in its work. It is responsive and good at organising complex information when preparing cases.

Chambers UK

Outstanding expertise in the field of construction and professional negligence cases involving construction professionals. Very strong team, excellent work ethic and a pleasure to work with.

Chambers UK

Recent work highlights

Turney contracts for solar parks

Advising on defect warranties and performance guarantees across multiple turney contracts for the delivery of ground-mounted solar parks, including risk allocation, contractor obligations, and long-term performance protections for the client.

Sewerage tunnel target cost dispute

Acting for the lead designer of a major sewerage tunnel project in London in claims against the main contractor regarding disputed changes, project delays and the operation of the target cost mechanism.

Resolution of PFI hospital defects claim

Securing the full release of a global engineering client from a defects claim linked to a PFI hospital which had been valued at in excess of £100 million, following extensive multi-party negotiations.

Oman highway joint venture dispute

Acting for one of the joint venture partners in an ICC arbitration concerning financial contributions and entitlements in relation to a highway project in Oman. We also monitored related LCIA arbitral proceedings involving the employer.

Railway station NEC contract disputes

Representing a developer in connection with significant payment and termination account disputes under an NEC contract for the construction of a new railway station.

Investor claims over building safety

Acting for institutional investors on claims against housebuilders over structural and fire safety issues. We were responsible for negotiating agreements for the remedial works.

Professional indemnity for fire risks

Advising insurer clients on professional indemnity policy coverage for claims against their insured contractors and consultants over fire safety defects on high-rise buildings.

Contractor claim on redevelopment project

Acting for an overseas developer in defending a claim by the main contractor for termination losses arising from a scheme involving the conversion of former corporate headquarters into residential towers.

Multi-party litigation on brickwork failures

Representing an international design consultant and its insurers in high-value, multi-party TCC litigation arising from brickwork defects on a leading UK university’s flagship buildings.

Closure of studios due to asbestos

Acting for the owners of TV and film studios following their closure due to the discovery of asbestos and later RAAC. The claim was adjusted for consequential losses, including by examining the production schedule and investigating alternative facilities.

Technology park termination dispute

Advising the owners of a technology park on a termination dispute and pursuing claims against the project team. We resisted a £70 million loss of profit claim, with the assistance of specialist technology and accountancy experts.

Architect liability over Greek hotels

Representing a US firm of architects in a dispute over payment, project delays and allegations of professional negligence arising during the delivery of a series of hotel developments in Greece.

Professional indemnity for fire risks

Advising insurer clients on professional indemnity policy coverage for claims against their insured contractors and consultants over fire safety defects on high-rise buildings.

Contractor claim on redevelopment project

Acting for an overseas developer in defending a claim by the main contractor for termination losses arising from a scheme involving the conversion of former corporate headquarters into residential towers.

Multi-party litigation on brickwork failures

Representing an international design consultant and its insurers in high-value, multi-party TCC litigation arising from brickwork defects on a leading UK university’s flagship buildings.

Closure of studios due to asbestos

Acting for the owners of TV and film studios following their closure due to the discovery of asbestos and later RAAC. The claim was adjusted for consequential losses, including by examining the production schedule and investigating alternative facilities.

Technology park termination dispute

Advising the owners of a technology park on a termination dispute and pursuing claims against the project team. We resisted a £70 million loss of profit claim, with the assistance of specialist technology and accountancy experts.

Architect liability over Greek hotels

Representing a US firm of architects in a dispute over payment, project delays and allegations of professional negligence arising during the delivery of a series of hotel developments in Greece.

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