Building & Trade Disputes

Building work can involve significant money and disruption. When a project goes wrong, disagreements can arise over what was agreed, the quality of the work, delays, additional charges or whether work has been completed at all.

WSP Solicitors can advise on building disputes and help you understand the most proportionate way of resolving the problem.

What types of building disputes can arise?

Subject to the facts of the particular case, common problems include:

• Defective workmanship
• Incomplete building work
• Disputes over payment
• Unexpected additional charges
• Delays
• Disagreements over specifications
• Disputed variations
• Failure to rectify defects
• Disputes over what was originally agreed
• Damage associated with building work

What should I do if building work is defective?

Start by preserving the evidence.

Keep:

• Quotations
• Contracts
• Specifications
• Plans
• Invoices
• Payment records
• Emails and messages
• Photographs and videos
• Details of defects
• Records of conversations with the builder

Depending on the nature of the problem, independent expert evidence may also be needed to establish what is defective and what remedial work is required.

What if I don’t have a written contract with my builder?

The absence of a single signed contract does not necessarily mean there was no agreement.

Evidence such as quotations, messages, invoices and the conduct of the parties may be important in identifying what was agreed.

Where there is disagreement about the original arrangement, legal advice can help establish the contractual position before further action is taken.

Should I allow the builder to put the work right?

This will depend on the circumstances.

Before employing somebody else, withholding money or removing work already undertaken, take advice about your contractual position and preserve evidence of the alleged defects.

Can a building dispute be settled without going to court?

Potentially.

The appropriate method depends upon the nature of the project, agreement and parties involved.

Negotiation or mediation can sometimes resolve disputes without a final hearing. Mediation is applicable to breach-of-contract and money disputes as well as broader civil disagreements. [gov.uk]

Where another specialist dispute-resolution procedure applies to the project, we can advise you on the appropriate route.

How much could I recover for defective work?

The answer depends on the agreement, nature of the defects, losses suffered and appropriate remedy.

Evidence concerning the work and cost of putting problems right may be required.

The fact that remedial work will cost a particular amount does not automatically mean that precisely that amount will be recoverable, so obtaining early advice is sensible.

Speak to our building dispute solicitors

If building work has gone wrong, understanding your legal position before taking further action can prevent an already difficult situation becoming more complicated.

Speak to WSP Solicitors dispute resolution team in Gloucester or Stroud.

To get in touch with our Building Disputes team you can use the contact form on this page, or reach out directly by clicking here. Alternatively, you can call us on 01453 847200.