Legal Advice on Building Disputes From Specialist Building Dispute Solicitors
Getting started on a building project is exciting, but it can also become highly stressful. There are usually large sums of money involved, and when the building is part of your family home or business, feelings can run particularly high. That’s why getting the right legal advice from specialist building dispute solicitors is so important.
Making any extensive changes to your home or business is a huge commitment, and you put your trust and faith in a builder to carry out the changes effectively, efficiently and professionally. When things go wrong, it can be devastating.
Disputes between property owners and builders are sadly very common. Coming to an sensible settlement over a building contract dispute is vital to ensure that everyone is able to move forward with their lives and have the dispute resolved in a way which satisfies all the parties involved.
Looking for specialist building dispute legal advice? Call our Solicitors on FREEPHONE 0800 1404544 or one of our four local office numbers for FREE initial phone advice – with no strings attached.
The more common building disputes
Some of the more common types of disputes involving builders include;
• Remedial work and additional costs — If you’ve had to have work carried out by another builder due to the incompetency of the initial builder, you may want to claim for the extra costs you’ve incurred.
Similarly, if your builder needs to carry out remedial work on an area which requires attention before they can continue, they will probably charge you for sorting this out – even if they didn’t warn you of the need for this extra work beforehand.
For example, if a builder adding an extra floor to an extension discovers that the existing footings aren’t suitable for a double-storey extension, they may need to carry out extra work to ensure the footings are up adequate for the extra weight
• Overcharging and unexpected costs — Estimating the value of a building project before it’s been carried out can be difficult. It’s not always an exact science. Unexpected costs can often arise. However that’s why you need to get the initial agreement of your builder crystal clear and set out in writing. If you’re on a tight budget and are already spending a lot of money on your building project, it can be very stressful to find out that costs are spiralling.
If you believe your builder is overcharging you, don’t put off raising the issue with your builder – and taking legal advice if necessary.
• Poor workmanship — Unfortunately, sometimes you come across a builder whose work simply isn’t up to scratch. The building trade have far too many people who claim they can do work which in reality they’re not capable of doing. These ‘cowboy’ builders can cause great amounts of harm and distress. Poor building work trade can also put lives at risk. So if you believe you believe your builders’ work is substandard, it is really important that you take immediate action. Poor building work, whether at home or at work, can be really dangerous.
• Non-compliance with building regulations — which are there to ensure that work is carried out safely and professionally and at a high standard, complying with all relevant health and safety regulations. If your builder has ignored any building regulations, this is not only highly illegal but also dangerous.
Please note, our solicitors do not usually act for clients with building dispute claims under £10,000 – that’s simply because if your claim is below that level, you can’t normally recover your legal costs from the other side, even if that claim is successful.
How common are problems with builders?
Sadly many tens of thousands of people in the UK have major problems with unreliable builders every year.
And recent research (obtained through Freedom of Information requests) into complaints made to the Citizens Advice Bureau show how big the problem is. The data indicated that England was on course to log over 30,000 cowboy builder complaints by the end of the 2022, with 14,000 complaints logged by the Citizens Advice Bureau already by May 2022. And that’s just complaints to the CAB!
Avoiding building disputes by making timescales clear
The best legal advice on any business dispute is to avoid it in the first place. The chances of coming across problems with your builder can be significantly reduced by agreeing a time frame in writing [and it must be in writing] with your builder, who must supply services within a reasonable time [under the Supply of Goods and Services Act].
Ensure everything is in writing, so that you’re covered. Where the extent of the work can be set in advance, agree a fixed price and have that price and exactly what it covers down in writing – to avoid being overcharged. You should also agree in writing on who is responsible for clearing rubbish and building waste, as costs for this can easily spiral out of control without prior agreement.
Clear communication is essential
Good communication with your builder is key. Make sure you know how to get hold of them at all times, and that you discuss everything with them so they know exactly what you want and you know what to expect.
Remain in control of your project and ensure you know what’s going on at all times. And above all else, don’t settle for work that you’re unhappy with. If you think the work has been carried out to a poor standard, raise this with your builder and seek legal advice if you can’t reach a satisfactory outcome.
Under the Supply of Goods and Services Act 1982, you have specific rights as a consumer and your builder must abide by these. Services must be carried out with reasonable care and skill. By ensuring everything is down in writing, you can exercise your rights under the Supply of Goods and Services Act and ensure that your builder sticks to what was agreed.
Do I have a building contract if there is nothing in writing?
Even if you and your builder do not have a written agreement, you can still have a contract with them. If you have made an oral agreement or agreed by text or email that the builder will carry out work for you, this usually means that a contract exists.
But the real problem with these kind of oral agreements, or agreements made in a variety of emails, is proving what the terms of the contract actually were.
But my builder used subcontractors
If your agreement (preferably evidenced by something in writing), is with the builder, then the fact that he chose to use subcontractors is up to him. You are entitled to take up the problem with the builder who arranged the work.
Your building dispute – the first steps before taking legal advice
If a property dispute arises, speak to your builder first and see if they will remedy the problem. Getting whoever is responsible to make good their own mistake is often the cheapest, quickest and most effective way of resolving these kind of building problems. But do sure you keep records of any conversations you have and take photos of any issues with the construction work so that you have evidence to support your case.
But if you can reach an agreement to remedy the problem, make sure that this is put in writing and, if possible, signed by the construction worker.
If this doesn’t work, contact their trade association who should offer advice. In fact some trade associations (e.g. the Federation of Master Builders) offer their own dispute resolution schemes.
And bear in mind the builder may simply refuse to accept their have done anything wrong – which is your cue to call 1 of our building dispute solicitors.
Collecting evidence
- Make sure that you have all evidence collected as well as proof of any extra costs you have incurred – especially receipts and other paperwork.
- Keep your own notes about what has been happening- making careful note of the date and time is involved.
- Make sure you have photographs of the substandard work or other problem.
If you need to take things further, call one of our property dispute solicitors for FREE initial legal advice on the phone, so we can discuss your options.
Legal advice – an initial letter
Often, a simple letter from one of our disputes solicitors will nudge a builder into action and sort out the dispute to your satisfaction.
Provided you don’t overwhelm your solicitors with too much unnecessary detail [remember that for any legal advice on disputes, law firms normally charge on an hourly rate], that initial letter does not need to be expensive.
Building disputes – who was to blame?
If there’s been a problem with the builder, it may not necessarily be your builder who is actually at fault. There are a number of other parties who may be responsible for errors – including architects, surveyors and structural engineers. That’s another reason why getting the right legal advice from the right solicitor at an early stage is essential.
Here at Bonallack & Bishop, our solicitors specialise in professional negligence claims. And that includes disputes and potential negligence claims involving builders, surveyors and architects.
Click here to read more about professional negligence claims against architects, surveyors and structural engineers.
Legal action – court – it’s the last resort
After all, no-one, including your builder, wants to be taken to court, and if they know you’re serious about resolving the dispute, you’ll often find that they will remedy the situation. If this is not possible, you may have to take the builder to the small claims court. If you have taken reasonable steps to try to sort out the dispute in a friendly way, the courts should look favourably on you.
Will I have to go to court for a building contract dispute?
If you do not reach an agreement by negotiation, several options remain open to you, other than fully contested court claim. We can frequently resolve building disputes out of court, even in difficult and contentious cases. And that’s just as well, because currently, delays in getting a final contested court hearing date are simply enormous. To give you an idea of how bad the delays are, the government’s own Civil Justice Statistics Quarterly published on 6 June 2024 reported that the average time taken for County Court claims (excluding small claims) to go to trial 82.9 weeks. Can you afford to wait that long?
Here at Bonallack & Bishop, we are big fans of alternative dispute resolution (ADR). This is usually faster and more cost-effective than asking the court to make a ruling.
There are several different types of ADR, including:
· Mediation
· Adjudication
· Arbitration
A) Mediation
Mediation involves sitting down with a neutral mediator who will help you and your builder consider the way forward. The mediator will explain the options that are open to you and assist you in trying to find a solution.
The outcome in mediation is an agreement between the parties. The mediator will not make any ruling or impose a judgment on you. They cannot do that – and anyway that’s not their role.
But as good as it is, you need to be aware that both parties need to be willing to cooperate and in theory at least look at some form of my settlement. What’s more, both you and your builder will need to attend a mediation session – either together in one location (though it is usual for you to be in a completely separate room from the other party with the mediator shuttling between you) or as is more common these days, by video conference.
B) Adjudication
Adjudication is frequently used in building disputes and is a particularly speedy way of dealing with matters.
As parties to a construction contract, you and your builder have the right to refer your case to an adjudicator.
You will need to start by setting out in writing to your builder the details of the dispute and what you want to happen. The next step is service of a notice of adjudication. This contains details of the dispute.
An adjudicator is appointed and they will hear the matter promptly, usually within one month. They will make a temporarily binding decision. You can ask the court to make an order based on the adjudication results.
C) Arbitration
Arbitration is a similar process to a court hearing but is a private matter. You can usually arrange an arbitration much more quickly than a court hearing. Arbitrators are flexible regarding timing and you can choose when you wish to have the hearing.
You and your builder will pay the arbitrator to hear and decide your case. The arbitrator’s decision will be binding on you both.
Small Claims Court
It’s worth noting that you can only use the small claims court if the amount of money involved is less than £10,000 in England and Wales and less than £3,000 in Scotland and Northern Ireland. If the value of your claim is higher than this, you may need to look at alternatives.
If you’re in a dispute with a builder and want expert legal advice, call us today. Our building dispute solicitors will be happy to help advise you as to your rights and your options in trying to reach resolution with your builder.
Building disputes litigation – the process
If you decide to proceed with formal litigation and a court application, you will need to follow what is known as the “pre-action protocol”. The protocol sets out a timeframe for each step of the action. It aims to move the case forward and also ensure that both sides have the opportunity to exchange and request information.
The steps include:
· Letter of claim, setting out details of the claim
· Letter of response and, if applicable, a counterclaim
· A pre-action meeting to try and establish the key issues in the dispute, to try and settle the matter without litigation and, if this is not possible, to agree on a timetable for the next steps.
The next steps could be instructing experts and exchanging evidence prior to attending a court hearing.
As part of the pre-action protocol, you should consider alternative dispute resolution and attempt to settle the matter out of court. If either party does not make meaningful efforts to find a solution without the need for litigation, the court can penalise them when deciding who should pay the legal costs.
The county court hears construction disputes unless your claim is worth over £250,000.
How can I fund my building dispute?
If you intend funding your dispute yourself, we can quote you our hourly rate. We can also give you an estimate for providing initial advice.
Estimating how long a dispute will last is difficult, so we cannot provide an exact quote for the whole process.
You may have legal expenses insurance included in an insurance policy, such as your home insurance policy. This could cover dealing with building disputes. If it does, you can choose your own solicitors to represent you.
Is there a time limit for making a building dispute claim?
Yes, you will usually have six years to start a construction dispute claim. If you were not aware of the damage at the time, you will have six years from the date on which you should reasonably have known.
It is a good idea to start your claim as soon as possible. This will enable you to collect the evidence while it is still fresh your mind and while physical evidence is still in place.
