Land & development disputes

Development disputes can arise from various issues, including planning permissions, construction defects, and contractual disagreements.

Moore Barlow’s solicitors offer comprehensive legal support to resolve these disputes, ensuring that your development projects proceed smoothly and meet all legal requirements. We provide strategic advice and representation to address any challenges that may arise during the development process.

Our team is skilled in negotiating with contractors, planning authorities, and other stakeholders to resolve conflicts and ensure compliance with all relevant regulations. If disputes cannot be resolved amicably, we are prepared to represent you in court to protect your development interests. With Moore Barlow, you can be confident that your development disputes are handled with the highest level of expertise and commitment to achieving successful outcomes.

What are development disputes?

Development disputes involve conflicts over property development projects, including planning permissions, construction defects, and contract issues. Resolving these disputes requires legal expertise to navigate complex regulations and protect the interests of developers and property owners.

You might also find interesting…

• Construction contract disputes

Expert legal support for property developers and landowners

Navigating the complexities of land and property development can be challenging, with disputes arising from various facets of the process. Our dedicated team of land and development dispute solicitors is here to provide clear, strategic advice to protect your interests and keep your projects on track.

Common causes of land and development disputes

Understanding the typical sources of disputes can aid in their prevention and resolution:

• Construction delays and defects: Issues such as delays in receiving vital supplies or defects discovered during the project can halt progress and lead to disputes.
• Contractual disagreements: Misinterpretations or ambiguities in contracts regarding roles, responsibilities, or payment terms can result in conflicts among parties involved.
• Land acquisition issues: Disputes may arise over rights of way, boundaries, easements, or environmental concerns like land contamination during the land purchase phase.
• Financing complications: Unclear terms regarding who is raising finance, loan conditions, or security agreements can lead to significant problems if not properly addressed.
• Professional negligence: Relying on incorrect or incomplete advice from professionals such as surveyors or architects can necessitate legal action to rectify resulting issues.

Resolving land and development disputes

When disputes arise, several avenues can be pursued:

• Mediation: A voluntary process where a neutral third party facilitates a mutually agreeable solution.
• Adjudication: A quicker, often binding resolution method particularly common in construction-related disputes.
• Arbitration: A private process where an arbitrator makes a decision that is usually binding.
• Litigation: Court proceedings may be necessary for complex or unresolved disputes, though they can be time-consuming and costly.

Choosing the appropriate method depends on the dispute’s nature, contractual agreements, and the desired outcome.

What legal steps can developers take to resolve a dispute?

When a dispute arises during a development project, one of the first steps is to determine whether you have grounds to pursue legal action against another party involved in the project — whether that’s a contractor, consultant, subcontractor, supplier, or another professional who played a role in the early stages. A key part of this process involves establishing whether there has been a legal breach, such as a failure to meet contractual obligations, delays in project delivery, non-payment of agreed sums, or the use of defective materials or poor workmanship.

A property disputes solicitor can assess your position and help identify whether there is a viable claim. This may include reviewing whether deadlines have been missed, milestones have been overlooked, or whether any negligence has occurred in the provision of planning, architectural, or surveying advice. If grounds for a claim exist, attention then turns to the applicable time limits — also known as limitation periods — which may be set out in the contract or determined by statutory law.

If pursuing a claim is appropriate, collecting robust evidence is vital. This typically involves reviewing key project documentation and records that support your version of events. Useful evidence might include:

• Copies of signed contracts, appointment documents, and correspondence;
• A timeline of key project events, supported by internal reports, progress updates, or project logs;
• Emails, letters, meeting notes, and other written communications with the other party;
• Payment records, receipts, and procurement invoices;
• Testimonies or statements from employees or consultants involved in the dispute; and
• Evidence of financial loss, such as cost overruns, loss of profit, or remedial work required.

In some cases, alternative dispute resolution methods like mediation or adjudication may be recommended as a first step, especially if preserving working relationships is a priority. Where these options are not effective or appropriate, formal litigation may be necessary to enforce your rights and secure compensation.