Building Disputes and How to Resolve Them

Building disputes are a prevalent type of legal conflict, often emerging when individuals hire builders for tasks such as renovations or extensions. Given the numerous aspects involved in construction projects, there's ample opportunity for issues to arise, making these situations ripe for disputes.

The absence of a formal Contract

A common problem in building disputes is the absence of a formal contract. When the relationship between the client and the builder begins to deteriorate, it is frequently discovered that no written agreement exists. This situation complicates the process of determining what was agreed upon regarding the scope of work and pricing. As a result, the details must be reconstructed from estimates, emails, conversations, and invoices, which can be both time-consuming and costly.

Identifying issues and breaches

To address the dispute, you must first identify what went wrong and why. This may require expert advice, such as from a building surveyor. Even if there is no written contract, the law imposes certain terms concerning workmanship and materials. If you can demonstrate that these or other contractual terms have been breached, resulting in a loss, you may be able to bring a claim for breach of contract and/or negligence.

Avoiding Court Action

Building disputes are often complex and expensive, so it is generally advisable to avoid court action if possible. Resolution might be achieved through direct negotiation, where parties agree on a practical commercial solution, or through alternative dispute resolution methods like mediation. Courts expect parties to attempt to resolve disputes amicably and may penalise those who unreasonably refuse to do so.

Preventative Measures

To minimise the risk of building disputes, it is crucial to undertake due diligence before starting a project. This includes checking the builder’s insurance and trading history. Ideally, all agreements should be documented in writing. If you are unsure about any aspect of the agreement, seek professional advice.

Record Keeping and Professional Advice

Throughout the project, retain all relevant evidence, such as emails and written communications. If problems arise, seek professional advice promptly to address issues before they escalate.

By taking these steps, you can better navigate the complexities of building disputes and work towards a resolution that avoids the expense and stress of court proceedings.

For further information please contact Akeel Hussain, Litigation Solicitor specialising in disputes at Ware & Kay incorporating Pearsons & Ward Solicitors on York 01904 716000 or email akeel.hussain@warekay.co.uk.