Solicitors Who Specialise in Legal Advice on Building Disputes
If you have asked a builder to carry out work and they fail to do so properly, it can be both stressful and expensive. You have the right to expect a reasonable standard of construction and the use of good-quality materials. If your builder has let you down, our experienced construction dispute lawyers can represent you in making a legal claim for compensation or negotiating an out of court settlement.
What kind of construction disputes our Construction Dispute Lawyers help you with?
These kind of building disputes are often complex and can involve a range of issues, which experienced property litigation team can help you with, including:
· Defective building work
· Delays in construction
· Failure to comply with planning consent
· Failure to meet building regulations
· Negligence on the part of the contractor
· New build construction disputes (Our team specialise in this area)
Click here to find out more about how our New Build Problems Solicitors could help you
· Poor quality materials
· Professional negligence claims, including:
o Architect negligence
o Builder negligence
o Surveyor negligence
o Structural Engineer negligence
Click here to read more about Professional Negligence Claims.
Click here to find out more about professional negligence claims against architects, surveyors and structural engineers
· Other construction disputes, including developer disputes
Problems with building work? Looking for specialist Construction Dispute Lawyers? Call our property dispute team on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with no strings attached.
My builder will not remedy defects
If you have tried to deal with the situation in a reasonable and friendly way, but this has not been successful, then it’s probably time for you to speak to our expert construction dispute lawyers. It is often the case that involving building dispute lawyers will show the other party that you are taking the matter seriously. They may then be more open to resolving the problem. Sometimes, a firm but reasonable letter from your lawyers alone will do the trick – and get resolution to your problem without a sizeable legal bill. That’s why getting the right legal advice on building disputes at an early stage is so important.
A construction dispute lawyer can contact the builder or other individual and clearly state what has gone wrong and what you want done to remedy it. In fact it often good advice to take some time constructing the right letter – clearly explaining exactly what has gone wrong and whites the fold of the builder can give them nowhere to hide.
If that initial letter is successful, then your lawyer will be able to negotiate on your behalf to try and reach an agreement.
IMPORTANT: it’s unusual for us to represent clients in construction dispute claims under £10,000. The reason for that is the claims below £10k are dealt with by the Small Claims Court – where you can’t recover your legal costs from the other side, even if you win your case. As a result it’s usually not economic to employ solicitors to represent you in these kind of small claims.
Alternative dispute resolution
If the other party will still not take steps to put matters right or even engage in negotiations, you can consider what’s known as “alternative dispute resolution”. ADR refers to a range of options which aim to resolve issues out of court with the help of dispute resolution professionals.
There are several different types of ADR, but the alternative dispute resolution methods most suitable for construction matters are often:
· Mediation
· Adjudication
· Arbitration
Mediation in construction disputes
Mediation is probably the most commonly used of ADR options. It involves both parties meeting face-to-face, or on video, with a trained mediator. The mediator will help you and the other party explore ways of resolving the problems. The mediator will not make any judgment; their role is to assist you in finding a way forward.
If you reach an agreement during mediation, this is put in writing so that you both know what steps to take and how to resolve the matter.
Adjudication in construction disputes
Adjudication is less commonly used for many disputes but is particularly suited to construction disputes. And there’s one particularly big advantage – it is usually much faster than court proceedings.
The adjudicator will be someone with construction experience, such as a surveyor, architect or engineer. They will look at written submissions, such as the contract, photographs and other documents, and decide your claim without needing to hold a hearing.
Their decision is binding and enforceable unless either party decides to go to arbitration or litigation.
The main advantage of adjudication is its speed. You can expect a decision within 28 days of your initial submission. The total time taken is usually between six and eight weeks. If the other party fails to comply with the adjudicator’s decision, a fast-track court process is available so that you can ask the High Court to enforce it.
If you have been through the adjudication process but are not happy with the outcome, you can continue your case in court.
Arbitration – another alternative to construction litigation
Arbitration involves presenting your case to an independent third-party arbitrator and is broadly similar to making a case in court. And like adjudication, it’s generally a faster process and also has the advantage of being private.
Arbitration is more straightforward to arrange than a court hearing, but you and the other party must pay the arbitrator.
The arbitrator will consider all of the evidence you provide, such as expert opinions if you have asked someone else to look at the work, photographs of the work, witness statements and documents.
Before arbitration starts, you and the other party will enter into an arbitration agreement, agreeing to be bound by the outcome. You will decide together on which arbitrator to use. This will generally be someone with construction expertise.
While technically there is no need for an arbitrator to be qualified, most of the best are. Some are solicitors or other professionals – for example, the Royal Institution of Chartered Surveyors (RICS) offer an arbitration diploma of their own and run their own arbitrator panel.
You will also agree on a timescale for producing evidence and when the hearing will occur.
The agreement will state that you both consent to be bound by the arbitrator’s decision and there is not usually any possibility of appealing the outcome.
Resolving a construction dispute at court
If you have suffered financial losses, including a reduction in value of your property, and this is because of negligence or the poor standards of the builder, you are entitled to make a claim for compensation.
If you cannot agree on alternative dispute resolution or mediation is not successful, you can consider taking your claim to court.
How long will a court application take?
Be warned, for some years now the court system has become increasingly congested. Hearings, especially final contested hearings can be delayed significantly, which can prove very expensive. That’s often a very strong reason to try to negotiate or consider ADR.
How our Construction Dispute Lawyers will help you to bring a construction dispute claim
If an initial letter and subsequent attempts at negotiation with your builder is not successful, our team will work with you to put together as much information as we can in support of your case. Whatever method of dispute resolution you choose, the more evidence we can provide showing negligence or shoddy workmanship on the builder’s part, the stronger your case will be.
This can include:
· Keeping a record of when the builder turned up and when they did not if they have failed to keep to an agreed schedule or if there have been unreasonable delays
· Copies of all documents, including the original contract and any subsequent correspondence
· Copies of receipts and invoices for goods that the builder purchased for the project
· A diary of the communications you have had with the builder during the dispute and what they have done in response to your objections
· Photographs of the site taken at regular intervals during the dispute and showing the problems
You then need to decide how you want to handle the dispute. A construction dispute lawyer can advise you of the strength of your case and the options open to you.
If you want to attempt alternative dispute resolution, your lawyer can assist in putting together the most robust case possible on your behalf.
It is important to act promptly if you are in dispute with your builder. If you don’t try to rectify problems, the court could see this as your agreement to the situation and you could inadvertently damage your case.
Constructions dispute – small claims
If your claim has a value of less than £10,000, it is a small claim. You will usually handle a small claim yourself. This is because you cannot recover your legal costs from the other side, even if you win a small claim. The legal costs are likely to exceed £10,000, leaving you with a loss.
And that’s why you probably won’t be looking to instruct construction dispute lawyers to deal with your case if you have a small claim under £10,000.
