Dispute resolution and litigation lawyers in Wimbledon, South West London, Epsom and Surrey
Building works disputes
Building projects come in all shapes and sizes, ranging from informal agreements with tradespeople to large scale developments involving multiple parties and enormous contracts.
What unites them though is that when they go wrong, the ensuing disputes are often complex and intractable. There are various reasons for this:
- the contracts themselves involve the delivery of a variety of both goods and services
- issues over performance for the contract often turn on technical questions that require the involvement of surveyors
- there are often contractual ambiguities for example, what the financial consequences are in the event of delay, or whether parties are subcontractors or not
Often the disputes present emotional and practical difficulties; for example, if a home development project goes wrong it may moving back into the property on time is impossible, causing major disruption.
As a result of their complexity there is a specific pre-action protocol that applies to building disputes which holds the parties to a high standard in terms of explaining and evidencing their arguments, and in trying to resolve the claim without recourse to the Courts.
We advise clients on the full range of options that they have available to resolve the matter. Often building contracts include clauses which, in the event of a dispute, oblige the parties to resolve the matter by arbitration. There are other processes referred to collectively as alternative dispute resolution (ADR) which are also available: adjudication, mediation or straightforward direct negotiation between the parties.
Arbitration is a process by which, instead of bringing court proceedings, an impartial arbitrator is privately appointed by the parties to determine the matters in dispute.
It is still a relatively formal process in which both sides must put forward their evidence and often expert evidence is also required. It is a quicker process than a contested claim and can be considerably cheaper.
It is possible that an outcome at arbitration could be appealed in which case the dispute could still end up in court proceedings. Equally, in certain circumstances, it may be necessary to apply to the court to enforce the arbitrator’s decision.
Strictly speaking a claimant has six years in which to bring a claim after they become aware of the cause of action. In cases where a building defect is not immediately apparent, that limitation period may not start running until sometime after the works were carried out.
Having said that, it is unwise to leave an issue unaddressed once it comes to your attention for a variety of reasons – it may become harder to prove causation, the builder may cease trading – so we recommend acting early to take advice.
It is often said that the building trade has its share of unscrupulous characters. Rogue traders do exist often allowing their limited company to go under leaving a wake of unhappy customers, only to pop up under a slightly different trading style .
The obvious thing to do is only to engage the services or trustworthy, recommended contractors but that is easier said than done. A couple of practical pieces of advice are:
- Ensure you have a written contract with your builder making it clear who you are working with including whether it is a limited company.
- Ensure that your builder carries appropriate (ideally insurance-backed) professional indemnity and public liability insurance policies.
At Peacock & Co we have a comprehensive understanding of resolving consumer complaints and disputes, having successfully represented clients of all circumstances.
Contact us for more information about how we can help.
With comprehensive experience of resolving complaints against trades and building work disputes, our expert team can help. Contact us:
- Tel: 020 8944 5290
- Email: [email protected]