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Don’t demolish your prospects in a building dispute

04 April 2022

We often deal with disputes between homeowners and builders relating to new builds, extensions and substantial property alterations. While a building dispute is not uncommon, there are practical steps both parties can take to minimise the risk of disagreements arising. We’ve put together our top three pieces of advice.

Get a quote

Before starting any major project, always ask for a detailed written quote. This should set out the scope of the works, proposed timescales and materials to be used.

If any elements of the project are being carried out by third parties – such as specialist contractors or suppliers – it is important to agree at the outset who is responsible for instructing and paying them.

A clear written quote can help manage expectations and may prove invaluable if a building dispute arises later.

Agree a contract & any variations in writing

It goes without saying that any building project should be recorded in a written contract before work begins. However, it is equally important to remember that projects rarely remain exactly as first planned.

Whether it is a significant change to the design, alternative materials, additional works or minor aesthetic adjustments, all variations should be confirmed in writing, even if discussed and agreed on site.

At the same time, any impact on the contract price or completion date should also be recorded. Taking a few minutes to confirm changes can prevent significant disagreements later.

Communicate & manage snags as the build progresses

Most building projects encounter minor snags or issues along the way. Whilst these are often capable of being resolved quickly, they can become a source of frustration if left to accumulate.

The best approach is for both parties to communicate openly throughout the project and raise concerns as soon as they arise. Where remedial works are required, it is helpful to agree what work will be undertaken and when.

Keeping good records of discussions, photographs and progress can also assist if difficulties develop.

Know the warning signs

Many building disputes start with relatively small concerns. Repeated delays, poor communication, unexpected payment requests or concerns about workmanship can all be early indicators that a project is heading in the wrong direction.

The earlier advice is sought, the easier it can be to preserve evidence, protect your position and resolve issues before they develop into formal disputes.

Whether you are a homeowner or a builder with questions or concerns relating to a construction project, our dispute resolution team would be happy to help.

Contact us

Our Legal 500 and Chambers-rated litigation & dispute resolution team can help resolve a wide range of disputes, including those related to building projects.

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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Kafula Chipasha LLB (Hons)
Associate, solicitor
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