Construction Claims Consultants


Construction Dispute Blog

Onerous Construction Contracts Podcast

Episode 16 of Constructive Voices features Simon Dunkling from Arbicon, discussing onerous construction contracts. This episode is well-timed in November 2021, as the industry sees challenge after challenge of rising material costs, along with shortages in both materials and labour.

Continue reading
Dealing with Onerous Construction Contracts

Onerous construction contracts are often entered into by contractors and subcontractors across the construction industry, leaving them out of pocket, at a high risk of cashflow problems, and even insolvency.

Continue reading
Liquidated Damages

Recently the Court decided two key cases concerning liquidated damages, one regarding liquidated damages where a contract has been terminated prior to the works being completed, and the other regarding liquidated damages where the employer has taken partial possession. These cases provide timely clarity to the construction industry at a time when increased delays and contract terminations are being seen following the impact of Covid-19.

Continue reading
Adjudication 23 Years On

Jonathan Nugent, Managing Director at Arbicon ADR Ltd, explains how Contractors are still unaware of the right to adjudication in construction contracts, and are losing out on significant payments due. The construction industry is well known for late payment and indeed non-payment. When Main Contractors and Subcontractors fall foul of a payment dispute, it should come as a surprise that many are still unaware of their right to adjudication to recover sums…but unfortunately it is not a shock to Arbicon.

Continue reading
Construction Delays - Material Shortages - Covid-19

With material shortages and price increases currently affecting the construction industry, Arbicon warn of the importance for Contractors, Subcontractors and Building Employers to check their construction contract provisions and protect themselves against the impact of Covid-19.

Continue reading
Retention in Construction Contracts - Top Tips for Recovery

Unfortunately, retention is a well-documented source of problems in the construction industry, with retention often not released on time or, in some cases, not at all. With the effects of Covid-19 and the current climate a difficult one for many businesses, unduly withheld retention only adds to the difficulty, leaving contractors and subcontractors at a higher risk of cash flow problems and even insolvency. Arbicon have put together five top tips on recovering retention in construction contracts.

Continue reading
JCT Final Certificate Conclusivity Provisions

Conclusivity provisions associated with the Final Certificate are a commonplace feature in many construction contracts and serve to ensure that after a specified point in time, certain matters are concluded and no longer open to challenge. However, despite being common, the implications of such provisions are often overlooked until it is too late. If you have received a Final Certificate, it is important to act urgently if you do not agree.

Continue reading
Contractors - Managing Cash Flow in Construction Projects

It is well known that the UK Construction and Civil Engineering Industries have the highest incidence of disputes…many of which arise from payment issues. Throw a pandemic into the mix, increased construction delays, non-payment, labour shortages, and cash flow becomes a struggle for many contractors. The good news is that you can take steps to reduce your risk of falling foul of payment issues and preventing cash flow problems….

Continue reading
Construction Contractor Upscaling

Arbicon are delighted to be speaking at the Cambridgeshire Chambers of Commerce Construction Network Zoom event, where Managing Director, Jonathan Nugent, will discuss the topic: Construction Contractor Upscaling – The contractual pitfalls and how to avoid them.

Continue reading
Pay Less Notices Explained

Jonathan Nugent, Managing Director, explains Pay Less Notices and what to do if you receive one. Despite the detailed statutory law on payment in construction contracts being in place for almost 10 years, it is still not always understood and leaves many confused.

Continue reading
Avoiding Disputes – The Importance of Construction Contracts

Contracts are an important part of the process of any construction project. A construction contract such as a JCT or NEC Contract provides important protection for Main Contractors, Subcontractors and Building Employers and is vital in preventing disputes. Primarily the contract safeguards against payments and guaranteeing adequate work, but if a dispute arises, construction contracts can also dictate how the parties move forward to resolve the issue. Simon Dunkling, Director at Arbicon ADR Ltd, Construction Dispute Experts, explains the importance of using a properly drafted written contract for construction projects and the negative impact if the corrects terms are not included.

Continue reading
Insolvent Construction Companies Can Now Use Adjudication

Major New Law for Construction Adjudication – The Right to Adjudicate When Insolvent – Bresco Electrical Services Ltd (in Liquidation) v Michael J Lonsdale – Supreme Court 17th June 2020

Continue reading
Covid-19 and Construction

With the construction industry starting to return to some normality, we as Construction ADR Specialists are getting asked several questions relating to the impact of Covid-19 on employers, contractors and subcontractors within the industry. With social distancing in place on construction sites, productivity has been hugely affected and many contractors have struggled to obtain the materials and supplies required for their construction works, causing delays and disruption to construction projects.

Continue reading
Covid-19 – Will Contractors be Entitled to an Extension of Time?

The likelihood is that contractors will be entitled to an extension of time, but if it is granted it will be a neutral event so no costs can be recovered by either party, but is a time extension set in stone?

Continue reading
Forward-looking for the Construction Industry as Sites Start to Re-open

As we start another new month in lockdown, major construction firms are making big announcements about reopening their sites and the industry is starting to see light at the end of the tunnel. There is a sense of unity to those of us working in construction, knowing that the country is looking to us to keep the wheels of our economy turning.

Continue reading
Resolving Disputes and Settling Final Accounts to Release Cash Flow

The current situation is an unsettling time for us all in the construction industry, not only in terms of the uncertainty of work, but also cash flow problems, which if prolonged could have serious financial implications.

Continue reading
We Are Still Open! Continuing to Support Your Business During Covid-19

Despite the changes that the construction industry is facing, we wanted to reassure you that our specialists here at Arbicon continue to be able to resolve your disputes, assisting in the management of all notices, agreements and settlements. We are continuing to follow government guidance and our team is working from home, albeit fully contactable on phone and email.

Continue reading
The Reality of Lockdown Has Struck UK Construction Sites….or Has it?

With Boris Johnson addressing the Nation last night, announcing “you must stay at home”, as he placed the UK on lockdown in a bid to stop the Covid-19 Pandemic, the reality of lockdown for the UK has struck, but has it? Boris was so flowery in his delivery last night that everyone is confused, especially contractors and what this means for construction sites. Rightly so, contractors are in total confusion as to what this means for them and have asked for clarity after a Cabinet minister said it was fine for sites to remain open – less than 90 minutes after the Prime Minister announced the three-week Coronavirus lockdown.

Continue reading
Coronavirus (COVID-19)

With the recent changes in Coronavirus (COVID-19) guidance, we wanted to reassure you that during this testing time we are doing our upmost to continue business as usual in assisting customers with their construction disputes, while keeping health and safety top of mind.

Continue reading
Coronavirus and the Construction Contracts

The JCT contract suites do not mention what happens in the event of the Coronavirus (Covid-19) or anything like it shutting down the World. So, what commercial problems will construction contracts face and how can the contract deal with this unprecedented situation?

Continue reading
Commercial Issues Construction Contractors Regularly Face that Lead to Construction Disputes

Arbicon are celebrating 14 years in business this year. Managing Director, Jonathan Nugent, founded the company in 2006, and reflects below on the issues that construction contractors are regularly facing, which inherently lead to construction disputes.

Continue reading
Louise Knaggs

Arbicon are expanding the team and are delighted to welcome Senior Consultant, Louise Knaggs.

Continue reading
Alternative Dispute Resolution

For years the misconception of resolving a dispute is the need to go to court! In fact, a commercial contract dispute can be resolved with Alternative Dispute Resolution (ADR) which is ‘anything but go to court’ and offers many advantages, which we take a look at.....

Continue reading
Ensuring that your appointed Expert has the correct skills and knowledge

Has your Expert been trained as an Expert? That might sound like a contradiction but it is important to know what you're getting when you instruct an Expert Witness and that an Expert has the correct skills in delivering Expert evidence to a Court or Tribunal.

Continue reading
Late Payment of SMEs in Construction

If you search for articles on late payment relating to SMEs, you find publications deal with complaints and statistics showing how the problem is rife but actually offer no solution. All articles refer to optimistic future actions to be taken by the government, such as undefined fines and sanctions that have never materialised. The Chamber of Commerce says it plans to lobby parliament on this problem in the New Year, but what is it going to ask for? Late payment always becomes more acute when money gets tight, you see more bankruptcies and this year it has been a particularly trying one, for example with the uncertainty of Brexit.

Continue reading
Updating the Construction Act - Retention Rights Changes?

Continuing the topic of Construction Act Improvement, what if any changes should be adopted to improve the way in which Retention is dealt with? Retention has been a cause of complaint and quarrel for all time in construction contracts. It is designed to allow the Paying Party (e.g. the Employer or Contractor) a means to hold on to money due, just in case there is a dispute later. It is normally 3% - 5% taken from the gross value of the account as work proceeds and is in theory paid at the end of the project when everything is agreed and signed off.

Continue reading
How should the Construction Act be improved?

The Construction Act on the 1st May 2018 celebrated its 20th birthday; it provides Payment and Adjudication rights to Commercial Construction Contracts. The Government are considering further improvements to the Construction Act last updated in 2011, which you can read more about by clicking here The recent government consultation by the Department for Business, Energy and Industrial Strategy set out to measure the effectiveness of the 2011 changes to the Construction Act looking

Continue reading

Call us for an initial consultation - FREE for commercial contracts