Construction Disputes - 2026 Virtual Conference

Introduction

Dispute resolution in the construction sector continues to grow more complex, with parties facing tighter timetables, higher evidential expectations and an evolving mix of adjudication, mediation and litigation risks.

This virtual conference brings together leading practitioners to provide clear, practical guidance on the issues that matter most to in house counsel and private practice lawyers, from preparing persuasive cases to navigating recent legal developments.

Chaired by Kim Franklin KC, the programme offers a focused and up to date exploration of the strategies and insights needed to manage construction disputes effectively in 2026.

Conference Agenda

This live and interactive 4-hour conference will cover the following:

10:30am-11:30am: How to Win Your Adjudication

Kim Franklin KC, Crown Office Chambers

This would include:

• The benefits of adjudication
• How to present submissions
• What to include in the timetable
• How to manage the evidential process
• What are the issues
• Traps for the unwary

At the end of the session, you will be able to:

• Present or defend a claim in adjudication to assist the Adjudicator in reaching a favourable decision
• Manage expectations, and
• Avoid traps for the unwary

Morning Break

11:40am-12:40pm: You Get Out What You Put In: Doing Mediation or Early Neutral Evaluation Well from the Professional’s Perspective

Sarah Schütte, Director, Schutte Consulting Limited

This session explores the benefits of Mediation and ENE for C&E disputes, and the recommended preparation for getting the best from these forums. Their voluntary and consensual natures often lead to Parties not being well-enough prepared and this is a missed opportunity and could negatively impact. There is lots to be gained with some front-loaded effort. Gain tips and tricks from a CEDR and CMC professional.

You Will Learn:

• The benefits of Mediation and ENE over formal proceedings
• How to get the best from the processes, and what good preparation looks like
• Lessons to apply in the future

All from a practising Mediator and Early Neutral Evaluator.

Break for lunch

1:40pm-2:40pm: Construction Contract Variations: Recent Case Law & Practical Implications

Michael Sergeant, Holman Fenwick Willan

Review of the law relating to Construction Contract Variations, with a particular focus on new cases from the last few years.

Learning Outcomes:

• Understanding of the basics of Construction Contract Variations
• Appreciation of the new cases on this topic from the last few years

Afternoon break

2:55-3:55pm: Fraudulent Misrepresentation in Construction Disputes

Joanne Wilkins, Senior Associate, HFK

How do you spot a fraudulent misrepresentation? What do you need to establish to prove fraudulent misrepresentation and what are the implications of a fraudulent misrepresentation claim being upheld? This session will explore the relevant legal tests, outline the distinctions between innocent, negligent and fraudulent misrepresentation, and discuss some case studies to show how these tests can play out in practice on construction projects. Finally, it will explain the recent English case law on fraudulent misrepresentation.

Learning Outcomes

By the end of this session, delegates will:

• Be able to identify the legal tests for innocent, negligent and fraudulent misrepresentation under English law and the available remedies
• Gain an understanding, based on real world case studies, of how fraudulent misrepresentations claims can arise in construction disputes and the practical challenges of alleging and proving a fraud claim
• Understand how recent case law developments have impacted the legal test for fraudulent misrepresentation

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.