Key features of construction disputes

This subtopic looks at key features of construction disputes and issues to take into account when dealing with such disputes. It provides an introduction to common types of construction claims, considerations to be made during the early stages of a dispute, types of dispute resolution (DR) methods available, key aspects of conducting construction disputes, and the DR provisions in standard form building contracts.

Introduction to construction claims

The nature of construction projects and the law surrounding them means that claims are commonly made by both parties to construction contracts, both under the terms of the contract (for example, claims for additional time to complete the works) and for other breaches. These may be resolved in accordance with the contractual procedure for such claims, but can also escalate to formal disputes. There are a number of routes used for resolution of construction disputes, such as adjudication or litigation in the Technology and Construction Court (TCC), which are discussed below.

Practice Note: Common claims under construction contracts provides an overview of claims that typically arise under construction contracts including in relation to defects, extensions of time, variations to

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