Building work on your house can be a major financial commitment and therefore finding that the work is defective, incomplete or significantly different from what was agreed can be quite frustrating. If a builder has done shoddy work, left a project half-way through or failed to meet the terms of your agreement, you may have legal recourse.
A builder dispute solicitor will assist you to determine if the builder has broken the contract, what losses you may be able to collect and the best method to resolve the dispute without needless expense.
What is a Builder Dispute?
Construction disputes can happen under many different circumstances. One of the major difficulties is shoddy craftsmanship. This may include bad masonry, inadequate roofing, improper plumbing, poor plastering, inappropriate installations or work not to the approved specification.
A disagreement can also develop if the project has not been completed by the builder. For example, a contractor comes in, takes a lot of money for a makeover, then leaves the job half-done and doesn’t come back to finish the outstanding work, or keeps pushing back the completion date without reasonable cause.
A breach of contract can also happen if the builder has used different materials than specified, done work outside the agreed specification without consent, charged more than the contract price or failed to meet the stipulated timelines.
The Consumer Rights Act 2015 generally provides that services relating to home building services in England and Wales should be carried out with reasonable care and competence. Where no deadline has been set, the law can also imply a responsibility for the service to be carried out within a reasonable time.
A builder dispute solicitor can examine the contract and the circumstances to determine if the faults are only disappointing or if they constitute a legal breach that you can act upon.
Begin with a Contract Review
Before you take legal action, look closely at everything that was part of the agreement. This does not have to be a formal signed contract.
Quotes, specifications, drawings, bills, payment records, emails, text messages and other communications may assist establish what the builder agreed to perform. Also important may be statements made before the work started, which were part of the agreement or affected your choice to proceed.
You need to be able to distinguish exactly what the builder has said he will do, what has been done in reality and where the two diverge.
The contract agreements can be examined by a builder dispute solicitor, who can also point out any potential violations. This is particularly essential if the builder claims that some work was never included in the original contract.
Collect Proof of Bad Craftsmanship
If the argument ends up in a court of law, evidence can be a very important factor. Take clear images and videos of the damaged or unfinished work, preferably before another contractor repairs it.
Keep a copy of all correspondence with the builder. Emails and conversations can evidence the date concerns were reported, what the builder replied in response and whether they agreed to repair specific defects.
It is also wise to maintain invoices, receipts and proof of payment . If you have had to pay another contractor to make repairs or complete the project, keep those invoices as proof of your losses.
In the case of major or technically complex conflicts an independent professional report may be appropriate. An impartial assessment can show what is problematic, why it is defective, and what would be needed to fix it.
A builder dispute solicitor can advise on whether an expert report is needed and what qualifications or expertise the suitable professional should have.
Give the Builder an Opportunity to Make it Right
Going straight to court is not always the best option, even if you are really disappointed with the work.
In many instances the builder should be given a fair opportunity to examine and remedy issues. This doesn’t mean that you should sit back and accept numerous failed attempts at repair or an unacceptable duration of time.
It’s better to write down your concerns but be explicit about what they are. Explain the flaws, outline the contractual responsibilities you believe have been breached and say what you want the builder to do to put matters right.
If the builder refuses to cooperate, disputes liability or does not offer an acceptable solution, you might want to take your disagreement to the next level.
A builder dispute solicitor can draft formal letters on your behalf, which may make it obvious that this is being handled as a prospective legal claim.
What if the builder has abandoned the project?
Unfinished construction projects can be very hard difficulties. You could be left with a hazardous property, increased accommodation bills, incomplete rooms or having to locate another contractor at short notice.
You need to evaluate the legal implications before you direct a different builder. If you hire another person to dismantle or replace disputed work promptly, you risk destroy evidence that would have been helpful in proving the original builder’s breach.
Record fully the condition of the property before any restorative work is carried out where this is possible. There may also be a requirement for an independent inspection.
A builder dispute solicitor can advise you as to whether you should give the original builder one last chance to complete the job or whether you should terminate the contract and direct someone else to complete the work.
Can You Recover the Cost of Repairing Defective Work?
Yes, potentially. The amount recoverable will depend on the facts, the terms of the contract, the proof and losses resulting from the builder’s breach.
For example, where defective work has to be removed and replaced, the reasonable expense of doing so may be included in a claim. Other losses may be recovered to the extent caused by the breach and otherwise meet the appropriate legal conditions.
However, you should not assume that all costs incurred in relation to a construction dispute are automatically recoverable.
A builder dispute solicitor can examine the financial damages and separate costs that may be difficult to recover from those that may legally form part of a claim.
Letter Before Court Hearing
If informal conversations are unsuccessful, the next step may be to send a letter before action. This is a crucial phase in a construction dispute as it provides the builder with an opportunity to evaluate the charges and respond prior to proceedings being issued.
The letter should generally state the nature of the agreement, the alleged breaches, the defect or unfinished work, the losses claimed and the remedy sought.
It should also set a reasonable date for a response and describe what might happen if the issue can’t be addressed.
Sometimes the pre-action stage might result in a settlement without having to go to court. It can also establish that you have attempted to address the disagreement on a reasonable basis before requesting the court to intervene. The advice in relation to civil claims is generally that parties should investigate alternate conflict settlement before starting actions.
A builder dispute solicitor can draft the letter before action and advise you on the deadline for a response and potential settlement.
Suing the Builder
In the event negotiations fail, court proceedings may be necessary. The way a construction dispute is handled in court will depend on the value and complexity of the claim.
Smaller claims can be handled through the small claims process, whereas more complex or higher value disputes may demand more detailed evidence and procedural requirements.
It is important to make sure that the right defendant is identified and that the claim is appropriately framed. This can be especially relevant where you have had dealings with a single trader, partnership or limited company or where a number of contractors were engaged in the project.
A builder dispute solicitor may help with deciding who to identify in the proceedings, in framing the legal foundation of the claim and in preparing the evidence required to support it.
The Builder’s Financial Position
Winning a case does not mean you will get your money back.
You might want to assess if the builder has enough assets to satisfy a verdict before you go to the expensive trouble of litigation. If the defendant is out of business, or has few assets, it might be difficult to recover compensation even if you have a strong legal claim.
So a builder dispute solicitor might advise you to consider the practical prospects of recovery before incurring significant legal expenditures.
The builder’s financial status can also affect whether an early settlement is a desirable commercial outcome.
How Long Do You Have to File a Claim?
Limitation periods matter. The usual time restriction for many contractual claims in England and Wales is six years, although this can depend on the legal basis of the claim and the circumstances.
Do not use a limitation period as an excuse for delay. As time passes, evidence may be more difficult to gather, witnesses’ memories may fade, and poor work may be altered by future repairs.
If you think you have a claim, getting assistance from a builder dispute solicitor at an early stage can help guarantee you don’t miss critical dates.
When Is Mediation Appropriate?
Construction disputes can be resolved in ways other than court processes. In some cases, you can negotiate or mediate a solution that is quicker and less costly.
Mediation is a third party independent of the parties to help see if a settlement is possible. It can be particularly effective where both parties desire to avoid the risk and expense of litigation.
But mediation does not imply you have to accept an unfavourable settlement. You should know the strength and value of your claim before you engage into negotiations.
A builder dispute solicitor can represent you during settlement discussions or mediation and assist you decide if an offer is commercially reasonable.
Seek Legal Advice Early
Poor craftsmanship, incomplete construction and violations of building contracts can all get very messy very quickly. The legal situation may rely on the terms of the agreement, the nature of the defects, the proof available, the amount of money involved and whether the builder has had a reasonable opportunity to repair the problems.
Taking action doesn’t entail going to court about the matter. Often, a conflict can be settled by a well-drafted complaint, supported by evidence and followed by proper talks.
But if the builder is uncooperative, official legal action might be necessary. A builder dispute solicitor will take you through the process, from analysing the contract and gathering evidence, to communication, negotiation and court procedures if necessary.
The most important thing is to behave in a methodical way. Keep evidence. Take photographs of the status of the work. Keep a record of payments and correspondence. Don’t make any big choices about cancelling the agreement or doing lots of remedial work without knowing what the legal implications might be.
If you have the correct proof and legal strategy, you can take informed measures toward recovering your losses and bringing the issue to a close with bad workmanship, unfinished work or a major breach of contract.