Disputes can occur at stages in the development process such as planning matters, dealing with development agreements or construction.
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2020 Chambers and Partners
Planning challenges and related issues are an essential part of the development process. We have experience of challenging refusals for consent and onerous conditions or dealing with non-determinations or other steps involved with obtaining consents such as seeking judicial review. We regularly instruct specialist planning Counsel and work with planning experts, architects, traffic engineers and valuers.
Disputes can arise in enforcing or interpreting development agreements or conditional sales contracts. Examples include whether conditions have been satisfied, including planning obligations. Development agreements can involve valuation issues such as overage provisions or profit share. We are used to working with valuers and help interpret and resolve valuation related disputes in connection with development and land purchase.
Disputes arising from the construction process can range from nuisance or trespass to contractual disputes concerning the performance of building or design contracts. We have experience of dealing with interference with rights and nuisance arising from development scenarios as well as disputes concerning the performance and completion of construction contracts including adjudication.