
|
|
Building disputesSolicitors here advise on and conduct claims in relation to building and construction work. Our solicitors also draft building contract documentation. Our dedicated Building and Construction Disputes Unit has substantial experience in advising on and conducting claims arising out of building and construction work. We advise and represent in legal proceedings private individuals throughout England and Wales. We understand that, irrespective of the amount of money involved, building disputes can rapidly become stressful, time-consuming and expensive. Accordingly, we aim to equip our clients, whether claiming, defending and/or counter-claiming, with a tailored professional analysis of their actual legal position at an early stage, often by way of an affordable fixed-fee package. Frequent issues Issues our clients raise and on which we advise include:
· The work is of defective or insufficient quality; · Remedial works are required; · The work has not been completed on time; · I have been overcharged for the work undertaken; · What happens if there wasn’t a written contract; · I would like to get my money back
Dispute resolution
It is our experience that many building disputes can be resolved without recourse to the legal process. In view of this we seek to open lines of communication between the parties at an early stage and to explore the possibility of attempting to resolve the dispute by way of alternative dispute resolution including: · round-table meetings between the parties; · mediation; · arbitration; · adjudication · preparation and exchange of experts’ reports; · meetings of experts. We find that alternative dispute resolution often proves a cost-effective and efficient means of resolving disputes without the need to commence court proceedings. However, if early resolution of the dispute does not prove possible we have a long-standing reputation as effective and tenacious litigators. We have wide experience of representing clients in arbitrations and in litigation in the County Courts, High Court, Technology and Construction Court and Mercantile Court. Be prepared None of us conducts our affairs with litigation in mind, but when a dispute arises, keeping these practical steps in mind may be of assistance: - Put it in writing - even if there has been little or no written correspondence between you and the builder beforehand, you should put your grievances in writing and give the builder a chance to respond. This may assist in showing that your actions were reasonable if the matter ever comes before a court. - Make contemporaneous notes - for those things that cannot be recorded in writing this may be the best alternative. For example if you consider that the builder is behaving in an unreasonable manner or that aspects of the work/working practices are unsatisfactory, record what/where/when/who while your recollection is fresh. - Keep receipts and invoices - this may sound obvious but if the dispute is in relation to amounts claimed or the cost of remedial work, accurate details of the amounts involved will be essential. Similarly, if further work is required obtain a fully itemised quotation/estimate in relation to the work. - Take photographs - this may be of assistance in showing defective work or the stage the work has reached. It may be particularly important to show the position the work has reached if subsequent work/alteration are likely to take place. Ultimately, however, it is likely that if the dispute progresses expert evidence will be required and contemporaneous photographs may be of assistance to experts. - Try to be calm and collected - this may go some way to taking the "heat" out of the dispute and avoiding the breakdown of your working relationship. - Seek professional advice. Our core services · Residential building disputes · Commercial building disputes · Litigation · Mediation · Arbitration · Advice on forms of building contract · Adjudication
|
|
Relevant material Builder - defective work Breach of collateral contract: quantum: assessment: expected profits Building and construction - contract - damages Technology & Construction Court |
|||
![]() |
|
Click here for
information about the work we do for commercial clients. © Copyright Humphreys & Co., solicitors
|