Turning Disputes into AssetsTM

Construction disputes

We act for employers, developers, main contractors, subcontractors, consultants and insurers in significant construction and engineering disputes.

Our role is to understand the legal, contractual, technical and commercial position quickly, recommend an appropriate course of action and then carry it through. Sometimes that means adjudication or litigation. Often it does not.

Book an initial triage

The construction position

A construction dispute can affect cash flow, project delivery and business certainty at the same time.

Money may be withheld, tied up in a claim or exposed to a claim brought against the business. On a live project, the programme and payment cycle continue while management deals with contracts, notices, evidence and other project parties. After completion, the dispute may still affect final accounts, remediation, insurance recoveries and the use or value of the asset.

The legal position matters, but so do the programme, the cost of remediation, the availability of insurance, the prospects of recovery and the commercial consequences of allowing uncertainty to continue.

Book an initial triage

The decisions you are actually making

Construction businesses will often have an initial view of who is responsible. The more difficult questions are what the documents and technical evidence will support, what the dispute is realistically worth and which course of action best protects the wider project or business.

01

What do the contract, appointments, notices and project records actually support?

02

What is the realistic value of the claim after counterclaims, remediation, legal costs and technical costs are considered?

03

Is there a payment, notice, adjudication, limitation or other deadline that removes the option of waiting?

04

What evidence exists now, what is missing and where will expert input be required?

05

Is the project still live, and how could the next step affect delivery, the supply chain or a commercial relationship?

06

Is the best result payment, a negotiated outcome, a decision in adjudication, a recovery from another party or an end to the dispute?

How we assess a construction dispute

01 Contract

The relevant contract, appointments, scope, amendments, instructions, notices, payment provisions and termination rights.

02 Evidence

Contemporaneous correspondence, programmes, site records, drawings, reports, valuations and the evidence the other side is likely to produce.

03 Programme and urgency

The present project stage, any live deadline and the operational consequences of acting now, later or not at all.

04 Value and recovery

The realistic claim or exposure, counterclaims, costs, solvency, security, guarantees and prospects of recovering money if successful.

05 Technical and insurance context

Whether expert evidence, remediation decisions, policy coverage, notifications or insurer involvement will shape the strategy.

06 Strategy

Whether the right first move is correspondence, negotiation, mediation, adjudication, litigation, a protective step or no immediate escalation.

Is this a matter for Tenarys?

We are usually the right firm where

  • the dispute is between commercial project participants and the value or exposure is significant;
  • payment, final account, defects, design, delay, variation, termination, insurance or recovery issues are affecting the project or business;
  • there is an urgent notice, threatened adjudication, limitation issue or active proceeding;
  • the matter involves technical evidence, multiple parties, insurers or substantial remediation;
  • a senior view is needed before the business commits to a course of action.

We may not be the right firm where

  • domestic home-improvement or consumer claims;
  • low-value, high-volume debt collection;
  • routine contract administration where no dispute has arisen;
  • matters where the value or complexity does not justify specialist disputes advice.

Construction disputes we handle

Payment and final accounts

Unpaid or underpaid applications, payment notices, pay less notices, retentions, valuations and final account disputes.

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Adjudication

Advice and representation for referring parties and responding parties, including enforcement where required.

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Defects and remediation

Claims involving workmanship, materials, building fabric, structural or latent defects, water ingress and remediation costs.

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Building safety and cladding

Disputes concerning cladding, fire-safety related defects, Building Regulations and substantial remediation programmes.

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Construction contracts

Disputes about scope, contractual obligations, variations, breach, termination, bonds and guarantees.

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Delay, disruption and variations

Claims involving extensions of time, loss and expense, programme impact, instructed work and valuation.

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Design and professional negligence

Claims involving architects, engineers, consultants and other professionals responsible for design or technical services.

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Construction insurance and recoveries

Coverage, contractor’s all risks, professional indemnity, third-party liability, defence and subrogated recovery matters.

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During delivery or after completion

The commercial objective changes with the stage of the project. On a live project, the priority may be keeping work and cash moving without giving up contractual rights. After completion, the focus may be establishing liability, funding remediation, recovering loss and closing financial exposure.

During project delivery

Payment applications and notices; variations and valuation; delay and disruption; extensions of time; termination; threatened or live adjudication.

After completion

Final accounts and retentions; defects and remediation; design and professional negligence; cladding and Building Regulations; water ingress and project damage; insurance and subrogated recovery.

Not sure whether to pursue, defend, settle or walk away?

Our Dispute Viability Guide gives senior decision-makers a framework for assessing a dispute before committing to a course of action.

The same questions apply to a construction claim: what the evidence supports, what the dispute is realistically worth, what it may cost, whether recovery is achievable and how the decision affects the wider project or business.

Read our commercial dispute viability guide

What we do

Where we assist

Early merits and risk assessment; correspondence and protective steps; Construction and Engineering Pre-Action Protocol compliance; negotiation; mediation; adjudication; litigation; and enforcement.

Matters we manage

Payment and final account disputes; contract, delay and variation claims; defects and remediation; design and professional negligence; termination; building safety and cladding; insurance and recoveries.

How we act

We take control of the legal process, identify the decisions that matter and coordinate the project documents, technical evidence, experts and counsel required. The aim is to reduce the management burden while keeping the key commercial decisions with the client.

Construction disputes experience from both sides

Tenarys was founded by Kevin Timms, a solicitor with more than fifteen years’ disputes experience, including significant construction, insurance and complex multi-party matters.

Kevin’s construction disputes experience includes:

  • multi-million-pound escape-of-water claims involving major contractors, insurers and substantial residential and education projects;
  • a seven-figure recovery arising from excavation and groundwork failings that caused slab defects and subsidence at a landmark education facility;
  • six-figure to multi-million-pound contract and contractor’s all risks recoveries;
  • multi-million-pound cladding claims involving contractors, construction professionals and insurers;
  • building-fabric, structural, design and latent-defect claims involving complex technical and quantum evidence.

Experience acting for claimants and defendants, together with contractors, construction professionals and insurers, helps us test a client’s position from the perspective the other parties are likely to take. Counsel and technical experts are brought in where the matter requires them.

About Tenarys Law

A clear view before you commit

If you are weighing up a construction dispute, start with a senior, commercially grounded view of where you stand. For suitable matters, the fixed-fee Viability Report gives you a clear written recommendation within 14 days. Where more urgent action is required, we scope the appropriate first step instead.

Book an initial triage

Speak to us about a construction dispute

The initial triage is a short conversation to understand the dispute, its approximate value, any immediate deadlines and what the business is trying to achieve. There is no charge for it, and it does not commit you to instructing the firm.

To find out how we can help you, contact us now

0207 889 0187

Info@tenarys.law

Level 30, The Leadenhall Building,
122 Leadenhall Street,
London
EC3V 4AB

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Common questions

How does an instruction start?

With a short triage conversation about the issue, the exposure and any urgent deadlines. If it is a matter we can help with, we explain what information is required and set out the proposed scope and fee before you commit.

What should we have ready for the first conversation?

A short outline of what has happened, the approximate value or exposure, the current project stage and any deadline. You do not need a complete evidence pack for the initial call. The contract or appointment, amendments, notices, payment documents, key correspondence and relevant technical material will usually be requested afterwards.

Do you advise during projects as well as after completion?

Yes. We advise on live payment, notice, variation, delay, termination and adjudication issues, as well as post-completion final account, defect, remediation, design, insurance and recovery disputes.

Do you act for parties bringing and defending claims?

Yes. We act for claimants and defendants, including employers, contractors, subcontractors, consultants, insurers and insured businesses. Experience of both sides helps us test how the opposing party is likely to present its position.

Is adjudication always the right route?

No. Adjudication can be an appropriate route for many construction contract disputes, but it should not be selected before the documents, urgency, value, evidence and commercial objective are understood. The right first step may instead be correspondence, negotiation, mediation, evidence gathering, a protective step or no immediate escalation.

What does it cost?

Costs are agreed in advance wherever the work can be defined. We use fixed fees for discrete pieces of work, including an initial written assessment, and will consider risk-sharing structures where they suit the facts of the case. The triage conversation itself is not charged.

What if an adjudication or court claim has already started?

We can be instructed part way through a matter, including where urgent representation or a second view is required. Tell us about any live timetable or deadline when you make the initial enquiry.

What if there is an urgent deadline?

State the precise deadline in the triage form and provide any notice or document that created it. We will assess promptly whether we can assist and what immediate step may be required.

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