BARRISTER-LED CONSTRUCTION DISPUTES
Construction Law Barristers, Instructed Directly
A Barrister-led service for contractors, subcontractors, developers, consultants and homeowners. Your specialist construction Barrister leads the case personally, from the first advice on a payment or adjudication dispute through to any hearing in the Technology and Construction Court.
Takes about 2 minutes. No obligation.
All Barristers fully insured and regulated by the Bar Standards Board
What a Construction Barrister Does for You
HireABarrister is Barrister-led. You deal directly with the Barrister who advises on your contract, plans the strategy, drafts the submissions and, if needed, argues the case. Here is how the work is divided under Direct Access.
Advocacy
Your Barrister can appear for you at:
- Adjudication enforcement hearings in the TCC
- Part 8 hearings on the meaning of payment terms
- Case management conferences and interim applications
- Trials of defects, delay and final account claims
- Mediations and without prejudice meetings
- Adjudication meetings, where the adjudicator holds one
Advice and Strategy
Your Barrister advises on:
- Whether the Construction Act applies to your contract
- Whether to adjudicate, litigate or negotiate first
- The strength of a payment, defects or delay claim
- Jurisdiction and natural justice points in adjudication
- Limitation periods under contract, deed and statute
- Costs risk and settlement offers
Drafting
Your Barrister can draft:
- Notices of adjudication and referral notices
- Responses, rejoinders and jurisdiction challenges
- Payment, pay less and suspension notices
- Letters of claim under the construction Pre-Action Protocol
- Particulars of claim, defences and counterclaims
- Instructions to expert witnesses
Your Barrister drafts these documents. You (or your company) serve them on the other party and file them with the court or the adjudicator nominating body.
What You Handle
Under Direct Access you:
- Collect the contract, variations, valuations and site records
- Serve notices and documents within the deadlines
- Issue court proceedings and pay the court fee
- Apply to a nominating body for an adjudicator
- Instruct any quantum, delay or defects expert
- Keep correspondence with the other side moving
Your Barrister can draft documents for you. You are responsible for filing them at court and serving them on the other party.
Construction Disputes We Cover
Expert Barristers ready to help with all aspects of construction law.
Statutory Adjudication
The fast, interim route for most disputes under a construction contract. A decision usually arrives within 28 days of referral and is binding until the dispute is finally decided by a court, arbitration or agreement. We act for referring and responding parties.
Payment Disputes
Unpaid interim applications, missing or late payment and pay less notices, "smash and grab" and "true value" adjudications, retention and suspension for non-payment. The payment rules in the Construction Act are strict on timing, so early advice matters.
Building Defects
Claims for defective work under the contract, in negligence, and under the Defective Premises Act 1972 for dwellings, where the Building Safety Act 2022 has significantly lengthened the time to bring a claim.
Delay and Disruption
Extension of time, liquidated damages and loss and expense claims, including disputes about who caused the delay and whether the contract machinery was followed.
Final Accounts and Variations
Disputes over the valuation of variations, omitted work, daywork and the final account once the project is complete, including whether instructions were properly given.
Professional Appointments
Fee disputes and claims involving architects, engineers, surveyors and project managers. Their appointments are usually construction contracts too, so the adjudication and payment rules can apply to them.
Important: When Direct Access Is Available
These hearings are available via Direct Access for privately funded cases only.
You CAN use Direct Access for:
- Privately funded construction disputes for companies, sole traders and individuals
- Adjudications, whether you are referring a dispute or responding to one
- TCC and County Court claims where you or your company can issue and serve documents
- Advice on contracts, notices and claims before any dispute starts
You CANNOT use Direct Access for:
- Situations where you need your representative to conduct the litigation for you (issuing, serving and filing), unless the Barrister is separately authorised to do so
- Large multi-party disputes with heavy disclosure, where a Solicitor is likely to be needed alongside the Barrister
- Legal aid, which is not available for construction disputes of this kind
Not sure Direct Access fits your dispute?
Most adjudications and many smaller court claims suit Direct Access well. Where a case needs a team to manage thousands of documents or several parties, we will say so and explain how a Solicitor can work alongside your Barrister.
Check if your case qualifiesIs Direct Access Right for You?
Perfect for Direct Access
You're ideal if you:
- Contractors and subcontractors chasing an unpaid application or final account
- Employers and developers responding to an adjudication at short notice
- Businesses with a commercial or QS team who can gather documents and serve notices
- Homeowners in a dispute with their builder who want clear advice on their options
- Anyone who wants the same Barrister from first advice to any hearing
- Parties wanting a fixed fee agreed before work starts
Consider a Solicitor If
You need someone to:
- Manage disclosure of very large volumes of project documents
- Coordinate claims against several contractors, consultants and insurers
- Issue, serve and file every document on your behalf
- Run a long trial with substantial witness and expert evidence
- Handle insurer or collateral warranty negotiations across many parties
The Direct Access Process
From first contact to court resolution
- 1First contact
Tell Us About the Dispute
Complete the short enquiry form. We ask what the contract is, who the parties are, what is owed or disputed and whether any deadline is running, such as a notice of adjudication you have received.
- 2Matching
Matched With a Construction Barrister
Your enquiry goes to a Barrister with construction experience, who checks the dispute is suitable for Direct Access and sends a fixed fee quote for the first stage of work.
- 3Advice
Contract and Strategy Review
Your Barrister reads the contract and key documents and advises whether the Construction Act applies, which route to take (adjudication, court, negotiation or a combination) and what evidence you need.
- 4Action
Notices, Submissions and Pleadings
Your Barrister drafts the documents for the chosen route. You serve them within the deadlines, and your Barrister handles the substance of the replies that follow.
- 5Hearing
Advocacy Where Needed
If the dispute reaches a hearing, whether adjudication enforcement or a trial in the TCC, the same Barrister who prepared the case argues it, so nothing is lost in a handover.
- 6Outcome
Decision, Settlement or Next Steps
Your Barrister explains the decision or settlement terms, what you need to do to comply or enforce, and whether anything remains to be finally decided.
Construction Law Fees
Fixed fees for each stage of work, quoted before you commit. Fees are often comparable to those of a construction claims consultant, with a Barrister leading the case throughout.
| Service | Fixed fee |
|---|---|
| Written advice on your contract, notices or claim | From £250 |
| Court representation, including adjudication enforcement | From £850 |
Written advice on your contract, notices or claim
Fixed fee
From £250
Court representation, including adjudication enforcement
Fixed fee
From £850
Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
All fees are exclusive of VAT where applicable. Court fees are separate and paid directly to the court.
Want an exact quote for your case?
Check if your case qualifies
Spread the cost with Klarna Pay in 3
We are the only Direct Access Barrister platform in the UK to offer Klarna Pay in 3. Split your fixed-fee quote into three interest-free monthly instalments and pay the same total, so you can instruct the right specialist when you need them. As an illustration, a £1,500 fixed fee becomes three payments of £500.
Pay the first third when you instruct your Barrister. Your case begins immediately.
Second instalment is collected automatically. No action needed from you.
Final instalment completes the payment. Fully paid, zero interest.
Pay in 3 is provided by Klarna, subject to status and Klarna's approval, and may not be available to everyone. 18+, UK residents only. Missed payments may affect your ability to obtain credit. Where Klarna is not available, you can pay by card or in full. T&Cs apply.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Common questions about working with construction law Barristers
Does the Construction Act apply to my contract?
Part II of the Housing Grants, Construction and Regeneration Act 1996 applies to "construction contracts" for construction operations in England, Wales or Scotland. That includes building and engineering work, and also architectural, design, surveying and related advice. Since the 2011 amendments it applies to oral and partly written contracts too. Some operations are excluded, and contracts with a residential occupier are outside it, so check the specific contract.
I am a homeowner. Do the same rules apply to me?
Usually not. Section 106 of the Act excludes contracts that principally relate to work on a dwelling which one of the parties occupies or intends to occupy as their home. That means there is no automatic right to adjudicate and the statutory payment notice rules do not apply, although your contract may still include an adjudication clause. Builders working for homeowners should check their terms carefully for the same reason.
Why use a Barrister rather than a construction claims consultant?
A claims consultant can prepare a claim and represent you in an adjudication, but does not have a Barrister's rights of audience if the dispute then goes to court, for example for enforcement or a trial in the TCC. That can mean changing representative midway. Here a specialist construction Barrister leads the case from the first advice to any hearing, applying construction law directly, and fees are often comparable.
Should I adjudicate or go to court?
It depends on the dispute. Adjudication is quick and usually produces a decision within weeks, which suits cash flow disputes and clear points. Court proceedings take longer but give a final answer and fuller disclosure, which can matter on complex defects or delay claims. Many disputes use both: an adjudication now, and court later if either side wants the issue finally decided.
What is the Technology and Construction Court?
The TCC is a specialist court within the Business and Property Courts that hears construction and engineering disputes, including claims to enforce adjudicators' decisions. It sits in London and at several regional centres. Smaller construction claims can also be heard in the County Court.
Do I have to follow a pre-action protocol before suing?
For most construction claims, yes. The Pre-Action Protocol for Construction and Engineering Disputes requires a letter of claim, a response within 28 days and normally a pre-action meeting. It does not apply to proceedings to enforce an adjudicator's decision. Ignoring the protocol can lead to costs penalties.
How long do I have to bring a construction claim?
Under the Limitation Act 1980, a claim for breach of a simple contract must usually be brought within 6 years of the breach, and within 12 years where the contract was executed as a deed. Negligence and Defective Premises Act claims follow different rules. Limitation can be complicated in construction cases, so get advice early.
Will I need a Solicitor as well?
Often not, especially for adjudications and focused court claims where you can serve and file documents yourself. Barristers do not conduct litigation unless separately authorised, so on large disputes with several parties and heavy disclosure a Solicitor may also be needed. Your Barrister will tell you honestly if that applies.
Speak to a Construction Barrister
Tell us about your contract and the dispute. A specialist Barrister will review it and quote a fixed fee for the next step.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Related Legal Services
Discover other practice areas where our Barristers can provide expert representation
Adjudication
Referring or responding to a statutory adjudication, and enforcing or resisting the decision.
Payment Disputes
Payment and pay less notices, the notified sum, retention and suspension for non-payment.
Building Defects
Claims for defective work under the contract and the Defective Premises Act.
Delay Claims
Extension of time, liquidated damages and loss and expense disputes.
Commercial Law
Contract, debt and business disputes outside the construction regime.
Property Law
Disputes about land, leases and residential property.