Builder Disputes Solicitors

If you have concerns regarding your builder’s standard of work, there are steps you can take to resolve the issue. Where there is an agreement between a trader and a consumer to supply specific services, consumers are protected by various laws, including the Consumer Rights Act 2015, which applies to work carried out by all traders, including builders, plumbers, decorators and electricians. However, even with consumer protection laws in place, it can be highly stressful when things go wrong, and many might need help to understand their rights and handle the dispute.

Yes, resolving a dispute with your builder over a building or construction project commonly requires bringing a breach of contract claim either under the specific terms of your contract or concerning the breach of your statutory rights under the Consumer Rights Act 2015 (or for projects prior to October 2015, The Supply of Goods and Services Act 1982). However, building disputes can be complex, and the rights and remedies available vary, so you should seek independent legal advice at the earliest opportunity.

Ideally, the aim should be to avoid court action where possible and resolve issues using pre-action protocol procedures. Our specialist dispute resolution lawyers can help resolve builder disputes by using various methods, including negotiation, mediation, or, where needed, formal court proceedings. We will review your case and advise you of the most appropriate method for your dispute. When bringing claims against builders, it is essential to act quickly, get expert assistance as soon as possible, and then obtain an expert report early in the matter before any remedial work has been carried out.

A carefully drafted and signed agreement that sets out agreed costs and exactly what it covers can significantly reduce future disputes over charges or unexpected costs. Your builder must also supply services within a reasonable time. Ideally, you should also agree, in writing, on other elements, such as who is responsible for clearing rubbish and building waste, as costs for this can quickly spiral out of control if there is no set agreement in place. If you believe your builder has overcharged you, raise the issue with them and take legal advice if you cannot resolve a dispute over charges or unexpected costs. If you need expert legal advice regarding drafting or reviewing contract agreements or costs disputes, we would be happy to help advise you on your rights and available options.

Certain strict deadlines apply to these cases if you are considering pursuing your builder for negligence and/or breach of contract. Known as ‘limitation’, the typical time limit to bring a claim for breach of contract and negligence is six years from the date of the breach. There is an exception to this six-year rule that can arise where a defect only becomes apparent after the initial six-year limitation period has expired. In certain circumstances, a limitation period of 3 years will be deemed to run from the date that the defect is noticed. However, it is a complex area of law, and you should seek legal advice as soon as possible. We have many years of experience in bringing builder dispute claims for breach of contract or professional negligence.

Statutory Obligations are those imposed by law and do not arise out of a contract. For example, statutory obligations can apply to the design and construction of building work. Contracts and agreements must clarify whose responsibility it is to satisfy statutory obligations and who bears the risk of failing to comply. Statutory obligations cover extensive and complex matters, so you should seek specialist advice regarding drafting or reviewing contract agreements or breach of contract disputes. Eric Robinson can provide expert guidance on all areas of commercial contracts and statutory obligations, advising you of your rights and responsibilities.

Much like any other dispute, you should approach your builder in the first instance and raise any points of issue. Try communicating your concerns, detailing your complaint and what you would like resolved. Keep records of any communication, receipts, invoices, and other evidence, such as photos. If you cannot resolve the matter between yourselves, you should seek specialist legal advice from a building dispute resolution lawyer. Having someone on your side with expert knowledge in this area of law is often the best chance of settling a dispute without a costly and lengthy litigation. Eric Robinson Solicitors are highly experienced in resolving this type of dispute and will negotiate on your behalf to try and reach a satisfactory agreement. When it is impossible to resolve matters out of court, we can guide you through the litigation process, robustly representing you in court procedures.