Building Disputes

We advise on building and constructions disputes, including claims against main contractors, sub-contractors and advise on Joint Contracts Tribunal (JCT) contracts. We also advise on professional negligence claims against property professionals such as surveyors, architects and solicitors where they have provided negligent advice or been in breach of their contract with you.

 

Termination of Building Contracts (Repudiation)

We advise clients on the ways in which a building contract can be brought to an end and on what to do in the event a builder sues for outstanding money or if we represent builders, we advise on how to recover money from householders.  We also advise on bad workmanship claims and on losses for late completion.

It is also important to note that if time to complete is not expressed to be “of the essence”, i.e. “a condition” in the contract, then the delay on the part of a contractor does not amount to a repudiation of the contract unless it is shown that he cannot complete the contract within a reasonable time or that the delay has resulted in depriving the homeowner of substantially the whole benefit of the contract.

It is therefore imperative that the homeowner or employer obtain sound advice as early on as possible to ensure that they do not open themselves up to a damages claim by a contractor and they fully protect their position in relation to claiming any losses from the builder or contractor.

We also advise clients on disputes where the builder operates through a company which goes into liquidation and on how they may pursue the director of the building company personally.  Clients are also advised to obtain proof that the builder and contractor has the requisite insurance in place, such as an “all risks” policy and that time to complete is an express term of the contract.  A well drafted penalty clause for late completion should be inserted into the contract of building works.  Photographs should also be taken of any shoddy work and a diary be kept detailing any delay, which may form good evidence to produce to the Court if the matter proceeds to litigation.

We focus on resolving disputes quickly and cost effectively through skillful negotiation and assist both contractors and homeowners.