If you are a builder involved in a serious disagreement with a client, we can help you navigate the issues and negotiate an early resolution. We aim to support builders resolve matters quickly and cost-effectively, minimising the risk of any further disruption and financial loss.
We know that being involved in a builder dispute can be distressing and expensive, and that you may have lost income while the dispute is ongoing.
The builders dispute team at mfg Solicitors are experienced in advising and representing builders and construction workers, including in mediation and other forms of dispute resolution.
Common types of dispute
As a builder, you will undoubtedly be proud of your handiwork, carrying out building works, renovations and installations with care and integrity. However, it’s not unusual for a client to be dissatisfied, blame the builder and request remedial work or major changes to be carried out.
Examples of builder disputes include alleged:
- Structural issues caused by defective workmanship
- Faulty driveways and paved areas
- Defective conservatories and loft conversions
- Dangerous wiring and other electrical works not up to required quality standards
- Substandard double-glazing
- The use of poor quality materials
- Poor workmanship by sub-contracted tradesman
- Unreasonable delays to works agreed
- Unpaid invoices
Legal claims involving builders are typically breach of contract claims and/or claims under the Defective Premises Act 1972. It’s important that we see the contract documentation and other information relating to the issue in dispute.
A builder can also face a negligence claim if work was carried out carelessly, for example, where there is water ingress through the roof causing damp, or electrical defects causing fire or shock (or even if someone has been injured).
When disputes escalate
With open and reasonable communication, disagreements can often be resolved quickly. But sometimes, a complaint can be unfounded or exaggerated, and demands for changes or a refund unreasonable.
We know the time involved in dealing with disputes is particularly be frustrating for builders who may be working to a project deadline, a tight budget and a schedule of works – with more work lined up. However, disputes can usually be resolved more quickly and cost-effectively when early expert legal advice is taken.
When you instruct us, we may arrange for an appropriate, independent expert (often, a surveyor) to examine the works complained of and write a report. Usually, the expert will be agreed and appointed on behalf of both parties.
The report will be important in informing both sides whether there has been negligence or breach of contract, and to what extent; and the anticipated work and costs of any remedial work.
We can help you navigate these issues, manage the dispute resolution process and, if court action becomes necessary, guide you through the litigation.
How can I avoid a dispute?
It’s always best to minimise the risk of a dispute arising in first place by taking a few precautionary steps before starting a new job. For example:
- Retaining all communications between you and the client
- Keeping written notes of conversations and meetings with the client
- Make sure you have at least the key contractual terms and conditions in writing
- Include a clause providing for a dispute resolution mechanism
How we can help
We know how distressing builder claims can be. Our specialist commercial litigation team supports and represents clients involved in builder disputes. Please contact Rebecca Rogers on 01562 820181 or email her at rebecca.rogers@mfgsolicitors.com