Sections marked as location-specific are showing the position in England & Wales. Rules change — confirm current deadlines before relying on them.
Working out what kind of dispute this is
Most construction disputes fall into a small number of patterns, and the pattern usually determines the route, the evidence and the deadlines. It is common for one project to raise several at once.
| Pattern | Usual question | Where it is usually resolved |
|---|---|---|
| Deficient work | Does the work meet the contract and the applicable standard? | Court, arbitration, or a warranty programme |
| Delay | Who caused the extension of time, and what did it cost? | Contract mechanism first, then court or arbitration |
| Non-payment | Is the amount certified, due and unpaid? | Statutory payment process, lien, or court |
| Scope and change orders | Was the extra work authorised? | Contract mechanism, then court |
Proving a deficiency
A deficiency claim generally compares the work as built against what the contract, drawings, specifications and applicable building standards required. Disagreement is usually about the standard, not about the facts.
- Identify each deficiency separately, with a location and a date observed
- Photograph it in place, with something for scale, before any remedial work
- Keep the contract documents, drawings and specifications that describe the requirement
- Record whether the contractor was given a chance to return and fix it
- Get a repair estimate from an independent trade
Delay, holdback and getting paid
Payment on a project usually runs through a certification and holdback structure rather than ordinary invoicing. Money is often withheld for reasons the contract permits, so the first question is normally whether the amount was properly certified and became due.
During the work
Keep site logs, daily reports and photographs — these become the delay record.
At each draw
Track what was applied for, what was certified, and what was actually paid.
On a shortfall
Ask in writing for the reason the amount was reduced or withheld.
Before the deadline
Check whether a lien or statutory payment step has a short time limit that is already running.
Change orders and extra work+
Claims for extra work commonly fail on authorisation rather than on value. Verbal instructions on site are normal in practice, but a written confirmation sent the same day is what makes them provable later.
Timing in England & WalesEngland & Wales
Construction contracts here commonly carry a statutory right to refer a dispute to adjudication at any time, producing a fast interim decision, alongside payment and pay-less notice regimes with short deadlines. There is no lien equivalent, so payment protection normally comes from the notice regime and suspension rights.
Documents to gather
- The contract, including general conditions, drawings and specifications
- All change orders, site instructions and requests for information
- Progress draws, certificates for payment and invoices
- Site logs, daily reports and schedule updates
- Deficiency lists and inspection or engineering reports
- Correspondence about the disputed work
Evidence that carries weight
- Dated photographs of each deficiency before remedial work
- An independent estimate or report on the cost to correct
- A written record of the instruction for any extra work
- Proof of last date of supply to the project
- Records showing what was applied for versus what was certified
Want both lists in one printable page?
Common mistakes
- Missing a lien or prompt-payment deadline while negotiating
- Repairing or removing defective work before documenting it
- Relying on verbal change instructions with no written confirmation
- Withholding payment without giving the reason the contract requires
- Treating a snag list as a full deficiency record
Frequently asked
The contractor says they will come back and fix it. Should I let them?
Many contracts require that the contractor be given an opportunity to correct their own work, and refusing can affect what you recover later. Document the offer, the scope and the dates either way.
Can I withhold payment because of deficiencies?
Contracts and payment legislation usually set out when and how amounts can be withheld, and often require a written notice with reasons within a short window. Withholding outside that framework creates its own exposure.
Does a lien mean I get paid?
A lien is generally a security step that preserves a position against the property; it is not itself payment or a decision that the money is owed. It usually has to be followed by further steps within a fixed period.
How much detail do I need on a delay claim?
Delay claims are normally evidenced day by day: the planned schedule, the events that intervened, who was responsible, and the cost consequence. Summaries prepared long afterwards carry much less weight than contemporaneous records.
Is a home warranty programme an alternative?
For new residential work, some jurisdictions have warranty or protection programmes with their own claim windows and processes. They can run alongside a contract dispute but usually have separate, earlier deadlines.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, in England & Wales.
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.