When building work does not go according to plan it can be costly and stressful. Early intervention by an expert dispute resolution solicitor is often the quickest way to deal with an issue and to ensure that the situation does not escalate.
Property is a major investment, whether it is a family home or commercial premises. When you employ a builder, you are entitled to expect work to be carried out with reasonable care and skill.
9 Common Reasons for Building Disputes
There is a wide range of issues that could cause disagreement in building projects, including the following:
- Poor workmanship
- Substandard materials
- Negligence on the part of engineers
- Builder negligence
- Architect negligence
- Breach of the terms of the building contract
- Overcharging or additional costs
- Not carrying work out in compliance with building regulations
- Dispute over payment of building work
How to handle a building dispute
Initially, you should communicate the problem clearly to the builder, explaining what is wrong and what you would like them to do to rectify matters. It is recommended that you keep a record of everything that has happened and your builder’s response. You should also keep all receipts and invoices and take photos by way of evidence.
If the matter is not settled, it is advisable to speak to a legal building dispute resolution expert early on. By involving someone with experience in resolving this type of disagreement you stand the best possible chance of settling the issue without the need for litigation.
A solicitor’s letter setting out your legal position will often be enough to clarify the situation for the other party and prompt them to resolve the matter.
Your solicitor will also be able to negotiate on your behalf to try and reach a satisfactory agreement.
Building Dispute Resolution: Step by Step
- Discuss the problem
The first step is to speak to your builder and explain what you are unhappy with. You can ask them to suggest how they might remedy the situation or put forward your own request for how you would like matters resolved.
- Keep detailed records
You should keep a clear record of what has happened and take photos to support this. You should also include relevant paperwork, such as receipts and copies of correspondence and other communications.
- Put it all in writing
If your builder does not deal with the issue, you are generally advised to set out the issue in writing so that they have a detailed list of the problems. As well as ensuring that they understand the situation, this will also demonstrate that you have attempted to resolve matters, should the matter end up in court.
- Seek legal advice
If the builder does not deal with the situation satisfactorily, then you should seek legal advice. An expert building dispute resolution solicitor will be able to write to your building setting out your grievances and what you want to happen. Sometimes, a letter from a solicitor is enough to prompt action to be taken.
- Try alternative dispute resolution (ADR)
If not, then your solicitor can represent you in alternative dispute resolution, such as mediation, to try and resolve matters without the need for a court hearing. You will generally be advised to obtain a professional survey by way of evidence of issues such as unsatisfactory building work or the use of substandard building materials.
- Take legal action
Unfortunately, in some cases, no matter how you handle disputes with builders, you will be unable to reach a peaceful resolution. Then, your solicitor will need to take legal action and take the case to court in order to resolve it.
Remedies for building disputes
There are a number of remedies available to the court and also remedies that we can obtain by way of negotiation or mediation. These include compensation to allow you to employ another builder to rectify matters, a reduction in the amount you pay and the builder’s agreement to complete or redo the work to your property.
Mediation
If agreement by way of negotiation is not possible, then the next step is often mediation. A neutral mediator will examine the facts of the case and attempt to help you and your builder to find an acceptable solution. Mediation is generally quicker and more cost-effective than litigation.
Arbitration
Some cases may be suitable for arbitration, where an arbitrator is appointed to hear evidence of the case before making an arbitration award. The decision is final as well as being legally binding on both parties. This is different to mediation, where a decision is only reached if both parties agree on it and the result is not legally binding unless it is put before the court for sealing in a consent order.
For more information, see our advice on dispute resolution.
Litigation
Court action or litigiation is generally a last resort. Even after proceedings are issued, it is often possible to agree on a settlement without the case going to a hearing.
If your case does reach court, then a timescale will be set for disclosure of documents and the exchange of witness statements, following which a date for a hearing will be set.
Contact Our Building Disputes Solicitors
If you are involved in a building dispute, it is advisable to speak to a legal expert as soon as possible. Shoddy workmanship can cause damage to your building and be expensive to rectify. Having matters put right as soon as possible is important, both from a legal standpoint and from the point of view of protecting your home or other building.
At Witan Solicitors we represent clients in civil litigation cases against builders, to include in respect of property disputes and professional negligence claims. We have in-depth experience of the claims process and a good track record of success for our clients.
We also represent builders and others in the construction industry who are facing legal claims.
If you need advice on how to handle disputes with builders, email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in Birmingham, London and Northampton.
