Building work on your property can be a significant financial investment, so discovering that the work is defective, incomplete or materially different from what was agreed can be extremely frustrating. Whether a builder has carried out poor workmanship, abandoned a project halfway through or failed to comply with the terms of your agreement, you may have legal options available.
Speaking to a builder dispute solicitor can help you understand whether the builder has breached the contract, what losses you may be entitled to recover and the best way to resolve the dispute without unnecessary expense.
What Can Amount to a Builder Dispute?
A construction dispute can arise in many different circumstances. Poor workmanship is one of the most common problems. This might include defective brickwork, inadequate roofing, faulty plumbing, poor plastering, incorrect installations or work that does not meet the agreed specification.
A dispute can also arise where the builder has failed to complete the project. For example, a contractor may leave a renovation unfinished after receiving substantial payment, fail to return to complete outstanding work or continually delay completion without adequate justification.
There may also be a breach of contract where the builder has used different materials from those agreed, carried out work outside the agreed specification without consent, charged more than the contractual price or failed to comply with agreed timescales.
For domestic building services in England and Wales, the Consumer Rights Act 2015 generally requires services to be performed with reasonable care and skill. Where no specific timescale has been agreed, the law can also imply an obligation for the service to be carried out within a reasonable time.
A builder dispute solicitor can assess the contract and circumstances to determine whether the problems are merely disappointing or amount to a legally actionable breach.
Start by Reviewing Your Contract
Before taking legal action, carefully examine everything that formed part of the agreement. This is not necessarily limited to a formal signed contract.
Quotes, specifications, drawings, invoices, payment records, emails, text messages and other communications may help establish what the builder agreed to do. Statements made before the work began may also be relevant where they formed part of the agreement or influenced your decision to proceed.
You should identify precisely what the builder promised, what has actually been completed and where the two differ.
A builder dispute solicitor can review the contractual documents and identify the obligations that may have been breached. This is particularly important where the builder argues that certain work was never included in the original agreement.
Gather Evidence of Poor Workmanship
Evidence can make a significant difference if the dispute eventually reaches court. Take clear photographs and videos of defective or unfinished work, ideally showing the condition before another contractor carries out repairs.
Keep copies of all correspondence with the builder. Emails and messages can establish when problems were reported, what the builder said in response and whether they agreed to rectify particular defects.
It is also sensible to keep invoices, receipts and proof of payments. If you have had to pay another contractor to make repairs or complete the project, retain those invoices as evidence of your losses.
For significant or technically complicated disputes, an independent professional report may be appropriate. An independent assessment can explain what is defective, why the work is defective and what would be required to put it right.
A builder dispute solicitor can advise on whether an expert report is necessary and what qualifications or expertise the appropriate professional should have.
Give the Builder an Opportunity to Put Things Right
Although you may be extremely unhappy with the work, immediately starting court proceedings is not always the best approach.
In many situations, the builder should first be given a reasonable opportunity to investigate and rectify defects. This does not mean you have to accept repeated failed attempts at repair or allow an unreasonable period of delay.
You should communicate your concerns clearly and preferably in writing. Explain the defects, identify the contractual obligations you believe have been breached and state what you want the builder to do to resolve the situation.
If the builder refuses to engage, denies responsibility or fails to provide an acceptable solution, you can consider escalating the dispute.
A builder dispute solicitor can prepare formal correspondence on your behalf, which may make it clear that the matter is being treated as a potential legal claim.
What If the Builder Has Abandoned the Work?
An unfinished construction project can create particularly difficult problems. You may be left with an unsafe property, additional accommodation costs, unfinished rooms or the need to find another contractor at short notice.
Before instructing another builder, it is important to consider the legal consequences. If you immediately employ somebody else to demolish or replace disputed work, you could potentially remove evidence that would have helped establish the original builder’s breach.
Where circumstances permit, document the condition of the property thoroughly before remedial work begins. An independent inspection may also be appropriate.
A builder dispute solicitor can advise whether you should give the original builder a final opportunity to complete the work or whether the circumstances justify terminating the contract and instructing someone else.
Can You Recover the Cost of Correcting Defective Work?
Potentially, yes. The amount that can be recovered depends on the facts, contractual terms, evidence and the losses caused by the builder’s breach.
For example, if defective work needs to be removed and replaced, the reasonable cost of doing so may form part of a claim. Other losses may potentially be recoverable where they were caused by the breach and satisfy the applicable legal requirements.
However, you should not assume that every expense connected with a construction dispute will automatically be recoverable.
A builder dispute solicitor can assess the financial losses and distinguish between amounts that may properly form part of a claim and costs that could be difficult to recover.
Sending a Letter Before Court Proceedings
If informal negotiations fail, the next step may be a formal letter before action. This is an important stage of a construction dispute because it gives the builder a clear opportunity to understand the allegations and respond before proceedings are issued.
The letter should normally explain the nature of the agreement, the alleged breaches, the defects or unfinished work, the losses being claimed and the remedy sought.
It should also provide an appropriate deadline for responding and explain what may happen if the dispute cannot be resolved.
The pre-action stage can sometimes lead to settlement without court proceedings. It can also demonstrate that you have attempted to resolve the dispute proportionately before asking the court to intervene. Guidance on civil claims generally encourages parties to consider alternative dispute resolution before commencing proceedings.
A builder dispute solicitor can draft the letter before action and advise you on the appropriate response deadline and proposed settlement.
Taking the Builder to Court
If negotiations fail, court proceedings may be necessary. Construction disputes can be dealt with through different court procedures depending on the value and complexity of the claim.
Smaller claims may fall within the small claims process, whereas more complicated or higher-value disputes can involve more extensive evidence and procedural requirements.
You need to ensure that the correct defendant is identified and that the claim is properly formulated. This can be particularly important where you have dealt with a sole trader, partnership or limited company, or where several contractors were involved in the project.
A builder dispute solicitor can help determine who should be named in the proceedings, formulate the legal basis of the claim and prepare the evidence needed to support it.
Consider the Builder’s Financial Position
Winning a case does not necessarily guarantee that you will recover your money.
Before commencing expensive litigation, it can be sensible to consider whether the builder has sufficient assets to satisfy a judgement. If the defendant has ceased trading or has limited assets, recovering compensation may be difficult even if your legal claim is strong.
This is one reason why a builder dispute solicitor may recommend assessing the practical prospects of recovery before substantial legal costs are incurred.
The financial position of the builder can also influence whether an early settlement represents a sensible commercial outcome.
How Long Do You Have to Make a Claim?
Limitation periods are important. For many contractual claims in England and Wales, the general limitation period is six years, although the precise period can depend on the legal basis of the claim and the circumstances involved.
You should not treat a limitation period as a reason to delay. Evidence can become harder to obtain as time passes, witnesses’ memories may fade and defective work may be altered by subsequent repairs.
If you believe you have a claim, obtaining advice from a builder dispute solicitor at an early stage can help ensure that important deadlines are not overlooked.
Should You Use Mediation?
Court proceedings are not the only way to resolve a construction dispute. Negotiation and mediation can sometimes provide a faster and less expensive solution.
Mediation involves an independent third party helping the parties explore whether an agreement can be reached. It can be particularly useful where both sides want to avoid the uncertainty and expense associated with litigation.
However, mediation does not mean you have to accept an unfair settlement. You should understand the strength and value of your claim before entering negotiations.
A builder dispute solicitor can represent you during settlement discussions or mediation and help assess whether an offer is commercially reasonable.
Getting Legal Advice Early
Poor workmanship, unfinished construction and breaches of building contracts can quickly become complicated. The legal position may depend on the wording of the agreement, the nature of the defects, the evidence available, the amount of money involved and whether the builder has been given a reasonable opportunity to remedy the problems.
Taking action does not necessarily mean going straight to court. In many cases, a carefully prepared complaint, supported by evidence and followed by appropriate negotiations, can resolve the dispute.
Where the builder refuses to cooperate, however, formal legal action may be appropriate. A builder dispute solicitor can guide you through the process, from reviewing the contract and gathering evidence through to correspondence, negotiation and court proceedings where necessary.
The most important step is to act methodically. Preserve evidence, document the condition of the work, keep records of payments and communications, and avoid making significant decisions about terminating the contract or carrying out extensive remedial work without understanding the potential legal consequences.
With the right evidence and legal strategy, homeowners facing poor workmanship, unfinished work or a serious breach of contract can take informed steps towards recovering their losses and bringing the dispute to a conclusion.