Construction Disputes

The sheer scale and complexity of many construction projects, and the number of parties involved, mean that delays and disputes are common.

We are able to help our clients identify problems, resolve disputes and implement solutions efficiently and with as little further disruption to progress as possible.

We have advised clients in construction disputes over a wide range of issues including weak piling, leaking cladding, defective electrical equipment, inadequate waterproofing, air conditioning, waste processing plant, rammed earth walls and even Japanese knotweed.

We also assist our clients in making or defending both claims for extensions of time and loss and expense claims arising from delay or disruption. We represent consultants in relation to fee claims and bring actions or defend them in relation to professional negligence claims.

Our support ranges from initial troubleshooting through to alternative dispute resolution, mediation, adjudication, arbitration and, where necessary, litigation. Given the nature of the sector we are frequently called on to act in multi-party disputes and in international arbitrations. Where issues arise that have both civil and criminal consequences, such as breaches of health and safety legislation, we can advise and represent clients in relation to both aspects of the claim.

For legal updates and news, please visit the Fladgate Dispute Resolution Hub.

If you have any questions or queries please call David on +44 (0)20 3036 7333 or email

If you have any questions or queries please call Digby on +44 (0)20 3036 7209 or email

Clients say the team “gives good sound advice” as well as being “professional, helpful and prompt at dealing with tasks.”

Chambers UK, 2020
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Strong practice that advises on a range of complex disputes in sectors as diverse as renewables, retail and residential. Has a varied purchaser-side client list.

Chambers UK

Well-regarded practice with a purchaser-side focus. Advises on high-value transactional and contentious matters and often deals with leisure, infrastructure, energy and property development matters. Also has experience of disputes arising from PFI and PPP projects, particularly in the health, education and defence sectors. “The whole team is a well-oiled machine, slick and efficient. I know I can call any of the team and all of them will be excellent,” a commentator enthuses. Another source notes that “their client service is good and they seek to go the extra mile to assist with getting the right results.”

Chambers UK

Represented Forest Whitmore (Haringey) in a termination of contract dispute with One Housing Group relating to the construction of a £10 million mixed-use development in East London. Provided support to Equitix on the construction elements of its portfolio of over 90 PFI or PPP-procured infrastructure projects. The team’s work included due diligence and drafting bespoke contract arrangements.

Chambers UK

“The team provides a quality service and understands the importance of timely advice, pragmatic solutions and cost certainty.” “With Fladgate we can rest assured that each area of legal and contractual exposure has been methodically reasoned with appropriate advice and implementation.”

Chambers UK

Fladgate LLP’s ‘cerebral and dedicated’ practice includes ‘incisive adviser’ Barry Hembling, who has been busy on behalf of Merlin Entertainments, advising on a portfolio of leisure-related construction projects globally. The team also has expertise in renewable energy and is acting for BTS Biogas on the construction of an anaerobic digestion plant in south Yorkshire. Gillian Birkby and Alan Woolston head the practice and handle a mix of contentious and non-contentious work.  David Weare and Digby Hebbard are also well regarded.

Legal 500

Advises a range of clients on the drafting of contracts and contract-related disputes. Recently instructed by a number of high-profile clients in arbitrations and projects work.

Construction remains a significant feature of this firm, which fields lawyers covering the breadth of contentious and development work for a range of developers and funding bodies. It also boasts a range of contractors and consultants among its client base.

Chambers UK

Clients appreciate the personalised service that this smaller firm is able to provide. It handles the full range of contentious and development-related matters for developers, funders, contractors and consultants.

Legal 500

Renewable energy projects are Fladgate LLP’s forte. The group defended Hitachi Zosen Inova against a £1.8m claim by a contractor relating to an energy-from-waste plant. Gillian Birkby leads the practice, which was joined by David Weare from Davies Arnold Cooper LLP.

Legal 500

Fladgate LLP has ‘good-quality litigators for all commercial areas’. The practice is largely conflict free and able to act against most banks in financial services-related litigation…key advisers include…construction law expert David Weare, and Digby Hebbard, who pursues claims against construction project professionals.

Legal 500

  • Multinational manufacturer of electrical products – defending £multimillion claims arising out of allegedly defective electrical equipment at an international airport development and a major London development.
  • LCIA arbitration – £50m LCIA arbitration arising out of oil refinery upgrade works in North Africa.
  • UK private residence – dispute in connection with an £18m refurbishment contract.
  • Contractor – £53m claim against a public authority.
  • Substantial London development – negotiation and settlement of £multimillion defects and final account disputes.
  • Architect – adjudication arising out of alleged negligent choice of metal roofing.
  • Van Oord UK Limited – representing a leading international contractor specialising in dredging, marine engineering and offshore oil, gas and wind projects, against a claim brought by Mouchel Limited, a consulting and business services group.
  • Various adjudications – claims for final accounts; extensions of time; declaration of practical completion; and defects.
  • Mechanical and electrical consultant – professional negligence claim against consultant.
  • Privately owned building contract firm – complex, multi-dispute ‘fast track’ adjudication within the minimum 28 days statutory period in order to have a decision before the expiry of a guarantee bond.