If you need construction law in London, you may already know something is wrong with the contract.
The wording may not be clear. Payment may be delayed. The other side may be blaming delay, defects or variations. You may be unsure whether to keep chasing, send a formal letter, start adjudication or take another step.
That is the problem many construction businesses face. The dispute is not always just about the contract. It is about what the contract means when money, time and project pressure are already involved.
You do not need to guess. You need to know where you stand before you act.
The contract is not clear. So why is the next step so hard?
A construction contract can look manageable before a dispute starts.
Once the project goes wrong, every clause can start to matter. Payment terms, notices, variations, delay clauses, termination rights and dispute routes can all affect your next step.
You may be dealing with a London construction project where the work is complete, but payment has not arrived. Or you may be facing a claim that delay, defects or unfinished work justify non-payment.
This can create three problems.
First, you may not know what the contract actually allows. A strong email may feel right, but it may not match your legal position.
Second, you may not know what evidence matters. The contract is only one part of the picture. Emails, site records, invoices, notices and payment history may all affect the advice.
Third, you may not know which route fits. Adjudication may be an option, but it is not right for every construction dispute. Court action may also be unsuitable if the value, evidence or timing does not support it.
The issue is not only what the contract says. It is whether the facts, contract and evidence support the next step.
What most London construction businesses should check first
Before you take action, check the documents that show what happened.
Start with the contract. Look at the parties, scope of work, payment terms, notice requirements, variation process and dispute clause.
Then look at the evidence. This may include:
- Invoices
- Payment applications
- Payment notices
- Pay less notices
- Emails
- Site records
- Photos
- Programmes
- Variation instructions
- Completion records
- Delay correspondence
- Defect allegations
You should also check what the other side has actually said.
Have they refused to pay? Have they asked for more information? Have they raised defects? Have they blamed delay? Have they said the contract does not support your claim?
These details matter because they affect the legal route.
A London construction dispute may involve several parties. A contractor, subcontractor, developer, architect, consultant or commercial property business may all see the same project differently.
That is why the next step should come after the review, not before it.
Why sending a strong letter can make things harder
When a construction dispute starts to drag on, it is tempting to send a strong letter.
That may feel like action. It may also feel cheaper than getting advice.
The risk is that the letter may not match your contract position. It may threaten the wrong process. It may miss a notice requirement. It may also give the other side something to use against you later.
This matters when the dispute involves payment, delay, defects or termination.
For example, if you are chasing an unpaid invoice, the other side may respond with allegations about defective works or delay. If your letter does not deal with that position properly, the dispute can become harder to manage.
The same applies if you are thinking about adjudication. Adjudication can be useful in some construction disputes, but the issue needs to be framed correctly. The contract, evidence and value should be checked first.
Before you send another letter, ask:
- What does the contract say?
- What evidence supports our position?
- Has the other side disputed the invoice or the work?
- Are there notice requirements?
- Is adjudication available?
- Is legal action commercially sensible?
- What could this cost if we choose the wrong route?
These questions do not delay action. They help you avoid the wrong action.
How to know where you stand
You know where you stand when you can answer three basic questions.
1. What does the contract say?
The contract may explain payment, variations, delay, defects, notices, termination and dispute steps.
If the contract is JCT, FIDIC or NEC, the wording and process can affect what should happen next.
You do not need to understand every clause yourself. You need the parts that matter to your dispute reviewed against the facts.
2. What does the evidence show?
Evidence matters because the contract does not sit on its own.
A payment dispute may turn on invoices, applications, notices and emails. A delay dispute may turn on project records, programmes and correspondence. A defect dispute may turn on what was agreed, what was done and what was recorded.
Good advice should be based on the facts, contract and evidence.
3. Is the next step worth taking?
A construction dispute should have a clear commercial reason to proceed.
That does not mean every dispute needs adjudication or litigation. It means the value, risk, likely route and cost should be considered before you spend more money.
The right next step may be negotiation, a formal response, adjudication, litigation conduct where suitable or another route.
It may also be that the matter is not worth pursuing. That is still useful to know.
What My Commercial Lawyers can review
My Commercial Lawyers may review suitable London construction disputes involving:
- Unpaid construction invoices
- JCT contract disputes
- FIDIC-linked disputes
- NEC contract issues
- Contractor and subcontractor disputes
- Developer disputes
- Architect and consultant fee disputes
- Delay claims
- Defective works disputes
- Variation disputes
- Adjudication concerns
- Construction litigation where suitable
The firm has experience involving employer and subcontractor contract disputes, JCT contract termination for non-payment and unpaid fees for architects and construction professionals.
The focus is not to push every matter into a formal dispute process. The aim is to help you understand your position before choosing the next step.
What to prepare before asking for advice
If the contract is not clear, prepare the key documents before making an enquiry.
This helps the team understand the issue faster.
1. Prepare the contract and key terms
Send the signed contract if you have it.
If there is no formal contract, send the quote, purchase order, emails, terms and any document that shows what was agreed.
2. Prepare the payment and project records
Send the invoice, payment application, payment notices, emails and any dispute about the amount owed.
If the issue involves delay, defects or variations, send the project records that explain what happened.
3. Prepare a short timeline
A clear timeline can help show what happened and when.
Include the date the work started, key project events, when payment became due, what the other side said and what has happened since.
My Commercial Lawyers uses a process where you complete the website form, join your matter board, share the issue, contract and key facts, then suitability is reviewed.
If the matter is suitable, the next step, fixed instruction fee, client care letter and invoice are arranged before work begins.
You can also read the construction disputes page if your issue is mainly about contract wording, variations, notices or termination.
How fixed instruction fees help with contract uncertainty
One concern construction businesses often have is cost.
You may worry about paying for advice and still not knowing what happens next. You may also worry that fees will keep increasing before the problem is clear.
My Commercial Lawyers works on a fixed instruction fee basis.
The scope and fee for each instruction are confirmed before that instruction begins. This helps you understand what that stage includes before work starts.
This does not mean the whole matter has one fixed fee. Each instruction is scoped and agreed before that stage begins.
That approach matters when the contract is unclear. You need to understand what is being reviewed, what the output is for and what the next step may be.
FAQs
What if we do not have a signed construction contract?
You may still have terms that matter.
Send the quote, emails, purchase order, invoice terms and any written agreement. The team can review what documents may form part of the agreement.
Can we start adjudication if the contract is not clear?
Adjudication may be possible in some construction disputes, but it should not be assumed.
The contract, issue, value and evidence should be reviewed before deciding whether adjudication is the right step.
What if the other side says defects mean they do not have to pay?
That needs to be checked against the contract and evidence.
The answer may depend on what work was agreed, what was completed, what was recorded and whether the other side followed the correct process.
Can a subcontractor get advice on a London project?
Yes, suitable subcontractor disputes may be reviewed.
This may include unpaid invoices, payment notices, variations, delay issues, defects or termination concerns.
Can a developer get advice on a contractor dispute?
Yes, suitable developer disputes may be reviewed where there is a clear commercial reason to proceed.
The issue may involve delay, defects, non-payment, variations, termination or contract performance.
Check your construction dispute options
If the contract is not clear, do not guess the next step.
Share the issue, contract and key facts so My Commercial Lawyers can review whether this is something they can help with.
Check your construction dispute options