Fyfe Construction Management

09/04/2026

A huge thank you to Alex at Domaculas Pictures for producing the start of our new advertising campaign.🙂

12/03/2026

One Contract, Many Orders: Why House building Procurement Can Turn Adjudication Into a Nightmare
Ever tried chasing retention or additional payments from a house builder, only to feel like you’re running an obstacle course blindfolded? The hurdles aren’t always on site, they often start on paper.
Many large house builders issue separate subcontract orders for additional works, rather than using a single subcontract with clear variation instructions. At first glance, it seems simple. In practice, it can create a series of individual contracts, each with its own payment terms, retention rules, and dispute obligations.

Adjudication is designed to be fast and decisive. But its effectiveness assumes a single construction contract. When multiple subcontract orders exist:
1. Each order can constitute a separate contract
2. Retention may be held per order, not for the project as a whole
3. Contractors may attempt cross-contract set-offs
4. Multiple adjudications may be required instead of one
For subcontractors, what should be a straightforward payment recovery can become complicated, time-consuming, and expensive.

Retention recovery is particularly tricky. With multiple orders:
5. Practical completion may be disputed per order
6. Retention release schedules may vary across contracts
7. Contractors may claim deductions under one order to offset another

Without careful review, subcontractors can be caught in a procedural maze, even when work has been properly executed. Therefore Subcontractors should ask themselves before agreeing to additional works:
8. Is this a variation under an existing subcontract, or a new order?
9. How is retention applied? Individually or collectively?
10. Could this structure complicate adjudication or set-off claims?

Understanding these points early can save time, money, and headaches.
Procurement strategies that fragment work into multiple orders may seem harmless, but they create hidden risks for subcontractors. Recognising multiple contracts early is key to protecting your rights particularly around retention and payment recovery.
At Fyfe Construction Management, we help subcontractors navigate these complexities, ensuring your contractual rights are clear and enforceable.

10/03/2026

We’ve had incredible success this year recovering significant sums for our clients using the “Smash & Grab” adjudication approach.
Surprisingly, many Main Contractors and Employers are still failing to issue the required payment notices and certificates within the strict timeframes set out in construction contracts and legislation. When this happens, the consequences can be significant, often resulting in the paying party being required to pay the full notified sum, along with the additional cost of adjudication and legal proceedings.
These situations remain entirely avoidable with proper contract administration, yet they continue to arise across the industry.
If you believe a payment notice or pay less notice has not been issued correctly, you may have a strong basis for a Smash & Grab adjudication.
At Fyfe Construction Management, we help contractors and subcontractors recover the money they are contractually entitled to quickly and effectively.

24/02/2026

I’m continuing to see a worrying trend: month after month, more subcontractors are simply not getting paid. Asking for overdue retention monies can feel like talking to a brick wall.
In a tough economic climate, cash flow continues to tighten across the industry and insolvencies among Main Contractors are becoming more frequent. At the same time, subcontract terms are growing ever more complex, with increasing levels of risk being pushed onto subcontractors before the ink is even dry.
At Fyfe Construction Management, we help subcontractors identify and reduce contractual risk before they sign. When payment problems arise, we act quickly through adjudication, and have secured decisions valuing approximately £3 million for clients in the last two months alone.
With over 35 years’ experience in construction and dispute resolution, there’s very little we haven’t encountered before.
If you’re concerned about your subcontract terms or struggling to recover payment, let’s talk.

23/01/2026

I can thoroughly recommend Alex at Domaculas Pictures.

Domaculas Pictures provides high-quality videography and photographic content tailored to the construction industry and a wide range of business sectors. From site progress documentation and defect recording to corporate promotions, branding, and marketing content, Domaculas Pictures delivers clear, compelling visuals that showcase projects, processes, and professionalism with precision and impact.

For construction and commercial visual content, contact Domaculas Pictures to discuss your requirements.

14/01/2026

I can think of better ways of celebrating one’s birthday, but yesterday was largely taken up with an appearance at the High Court for an enforcement hearing relating to a £2.1 million adjudication I successfully secured on behalf of a client.

The celebrations can begin in earnest once the decision is handed down (watch this space) and we secure the win!

To everyone who sent private messages wishing me a happy birthday, thank you very much, it was greatly appreciated, and I look forward to catching up with as many of you as possible. In the meantime, it’s straight on with the next adjudication…

17/10/2025

Understanding Construction Contracts – Essential Insights for Sub-Contractors
We are launching a new series of presentations aimed at helping Sub-Contractors better understand Construction Contracts and protect their commercial interests.
In these sessions, we’ll explore:
Common Amendments: The most frequent changes we see in contract documents that are designed to disadvantage Sub-Contractors and what to look out for.
Key Risk Areas: Practical advice on payment terms, delay and damages clauses, variations, design responsibility, and dispute resolution.
Protecting Your Position: How to negotiate fairer terms and manage your obligations effectively during the course of your Works.
Our goal is to ensure Sub-Contractors have the knowledge and confidence to recognise unfavourable terms before signing and to manage risks proactively on site.

17/09/2024

Delighted to announce that I'll be speaking on Disputes in the Construction Industry and how to avoid and/or resolve them at this Conference in October.

25/06/2024

Absolutely delighted to announce that our Simon Fyfe will be taking part in this years event, and sleeping out all night on behalf of the well known charity Stonepillow.

Join us at Chichester Cathedral to sleep out for the night and raise money and awareness of homelessness.

02/01/2024

What a start to 2024.....

At 09:28hrs this morning, we received an adjudicators decision which was in favour of our client. This particular dispute was No.5 in a series of 6 with the final adjudication due to be commenced very soon.

Our business has seen an incredible increase in turnover year on year through representing parties in adjudications, and 2024 shows no sign of slowing. A major percentage of our turnover is by way of representing Sub-Contractors in disputes that they have with Main Contractors which consist mainly of non-payment, and the correct valuing of their accounts (including claims for Extensions of Time and Loss and/or Expense). Typically the value of claims vary between £20,000 - £1.5 Million. We cover the entirety of England and are aiming to have a presence in Scotland later in 2024.
We also provide contract guidance to Sub-Contractors in order to negotiate favourable terms before they sign any Contract.

Fyfe Construction Management Ltd sends its best wishes to all of our clients (both existing and new) for 2024.

02/01/2024

What a start to 2024