Building Dispute Solicitors

Yes, we offer Free Consultations to clients during which you can discuss your construction dispute with one of our building dispute lawyers to determine the scope of the issue, the solutions and how we may be able to assist in achieving the best outcome for you.

Our building dispute solicitors are experienced in both contentious including defective work disputes and non-contentious construction related issues and will be able to provide you with expert advice on your concern. Please do not hesitate to book a Free Consultation with one of our lawyers today on 0207 459 4037.

Defective works refers to aspects of a construction project that do not meet the required standards or specifications as set out in the contract. This can include inferior materials, poor workmanship, negligence, structural failures, or any element that makes the completed work unfit for its intended purpose or less valuable.

Case Example: Client C contracted a firm to renovate their commercial space. Upon completion, they noticed uneven flooring and poorly installed fixtures. These issues are considered defective works as they deviate from the agreed standards. Our expert lawyers were instructed to engage with the contractor who denies liability initial but after Court proceedings were served and the claim advanced our lawyers were able to secure a significant settlement for the client.

If you suspect defective works in your project, our expert building dispute solicitors lawyers are here to guide you. Schedule a free consultation today on 0207 459 4037.

Responsibility usually lies with the party at fault, which can be the main contractor, subcontractor, designer, or even a materials supplier. The contract will typically dictate who is liable for addressing and correcting defects. It is essential to carefully review the terms and conditions, warranties, and guarantees in your contract.

Our building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

Common defects in construction projects include structural issues (e.g., foundation cracks), water leaks, electrical and plumbing issues, poor finishes, substandard materials use, and non-compliance with building codes or regulations.

If you have suffered any of these defectives, you may be able to make a successful claim for compensation. Please call our expert building dispute solicitors today for a Free Consultation on 0207 459 4037.

To identify defects:

• Regularly inspect the project, especially after major milestones.
• Engage independent experts or surveyors if you suspect significant issues.
• Compare the completed work against the contract specifications.

To document defects:

• Take clear photographs and videos from various angles.
• Make detailed written records, noting the date, location, and nature of each defect.
• Gather related documents, like correspondence or material purchase receipts.

Case Example: Client F noticed cracks in their newly constructed walls and incomplete works. They promptly took photos, noted the dates, and compiled a comprehensive defect report from a surveyor and another contractor, which proved invaluable during the litigation process as the client had paid a different contractor to correct the issues. Our client was able to recover over £120,000 including consequential losses and costs.

Proper documentation can help resolve in building disputes quickly. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037 or complete our online booking form.

Upon discovering defective works, you generally have the right to:

• Request rectification or repair of the defects at the contractor’s expense.
• Withhold payment or deduct costs associated with fixing the defects.
• Seek compensation for any losses incurred due to the defects.
• Terminate the contract in extreme cases, depending on its terms.

It is essential to look at the construction contract, as it will provide specific remedies available to you.

Understanding your legal rights is vital. Reach out to our experienced building dispute solicitors for a thorough review and advice on your specific situation. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, you can seek compensation if you have incurred losses due to defective works. This might include costs for rectifying the defects, loss of rental income, additional living or business expenses, or any decrease in property value.

Case Example: Client H’s commercial space had significant water damage due to a construction defect. They successfully claimed not just the repair costs but also lost rental income for the months the space was unusable. Our expert lawyers were able to recover £15,000 for the client.

If defective works have caused you financial harm, our expert building dispute solicitors can guide you on claiming compensation. Call us on 0207 459 4037 for a Free Consultation today.

In England and Wales, the primary legislation governing the time limits within which legal actions must be initiated is the Limitation Act 1980. Regarding construction defects, the relevant limitation periods are:

1. Simple Contract and Tort Claims: A general limitation period of 6 years applies from the date when the damage occurred or, in the case of a breach of contract, from the date of the breach.
2. Latent Defects: If a defect is not immediately apparent and only becomes noticeable after some time (a ‘latent’ defect), the limitation period is 6 years from the date the defect is discovered or could reasonably have been discovered.
3. Deed Claims: If the construction contract is executed as a deed (rather than a simple contract), the limitation period extends to 12 years from the date of breach or occurrence of damage.
4. Personal Injury Claims: For personal injury claims arising from defective works, there is a 3-year limitation period from the date of the injury or the date of knowledge of the injury.
5. Defective Premises Act 1972: Under this Act, there is a 6-year limitation period for actions against builders, developers, and certain professionals for inadequately constructed or poorly designed buildings. This period starts from the date the works were completed.

It is crucial to note that determining the exact start date of a limitation period can sometimes be complex, especially in cases involving latent defects or where there is a debate over when damage first occurred or was discoverable.

It is important to act promptly when you become aware of a potential claim. If you are dealing with a building dispute and are unsure about the limitation period, it is advisable to consult our expert construction dispute lawyers for a clear understanding of your rights and to ensure timely action.

To resolve a building dispute:

• Open a direct line of communication to discuss concerns. It is important to comply with the relevant pre-action protocol for construction disputes.
• Refer to the contract to determine agreed-upon standards and resolutions.
• Engage in mediation or alternative dispute resolution methods.
• If amicable solutions are not viable, consider legal action.

Building disputes can be stressful. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

For effective quality control:

• Engage reputable contractors with proven track records.
• Clearly define quality standards in your contract.
• Implement regular inspections and audits during construction phases.
• Engage third-party quality control experts if necessary.
• Address concerns immediately upon identification.

Our expert construction dispute lawyers have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

To prevent defects and disputes:

• Clearly specify quality expectations and benchmarks in contracts.
• Ensure that contract has been drafted properly ensuring that it addresses potential quality issues.
• Ensure regular and documented communications with all parties.
• Establish a feedback loop with contractors for continuous improvement.
• Train your team or hire experts to oversee the quality of work.

Accepting defective works without raising concerns can:

• Waive your right to demand rectifications later.
• Make it challenging to claim compensation for associated damages.
• Imply contractual acceptance, thereby absolving contractors from future liabilities.

Before accepting any project, it is crucial to know your rights. Our lawyers can provide guidance to protect your interests. Our expert construction lawyers have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, often you can withhold payment for defective works. However, it is essential to:

• Refer to the terms in your construction contract.
• Clearly communicate your reasons for withholding payment.
• Ensure the withheld amount is proportionate to the cost of rectifying the defects.

Case Example: Client N withheld a portion of the final payment, equivalent to the estimated cost of fixing identified defects. The contractor acknowledged the defects and agreed to the deduction.

Withholding payment can be a powerful tool, but it must be used properly. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037.

Yes, construction projects often come with warranties or guarantees, such as:

• Contractor Warranties: These cover workmanship and materials for a specified period post-completion.
• Manufacturer Warranties: These cover specific products or materials used in the construction.
• Structural Warranties: These typically last several years and cover major structural defects.

Case Example: Client O discovered a roofing issue within a year of project completion. The contractor’s one-year workmanship warranty covered the repair costs.

Ensure you are fully aware of your project’s warranties. Our building dispute solicitors can guide you on leveraging them for any defective works. We have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise.

Building regulations and industry standards:

• Establish minimum requirements for the safety, energy efficiency, and accessibility of buildings.
• Act as a benchmark in assessing the quality of works.
• Non-compliance can lead to legal penalties and the need for costly rectifications.

For any queries or concerns related to defective construction and building works, do not hesitate to call our expert lawyers for a free consultation.

Latent and patent defects are two classifications of construction defects. A patent defect is a visible or apparent flaw that can be identified during a routine inspection upon completion of works. It is readily observable and should ideally be caught before the construction project is signed off.

Case Example: In a new building, a door that does not close properly or an uneven floor would be considered patent defects.

On the other hand, a latent defect is a hidden flaw not immediately detectable, even upon careful inspection. It may only become apparent after a certain period, often due to failure or deterioration over time.

Case Example: Faulty electrical wiring within walls or substandard materials that lead to premature wear or structural issues are examples of latent defects.

If you suspect your property might have latent defects or are concerned about patent issues, it is crucial to consult with our building dispute solicitors as soon as possible for a Free Consultation.

Yes. Defects can emerge from design mistakes just as they can from construction errors. A flaw in the design can lead to structural weaknesses, inefficiencies, or non-compliance with regulations, even if the construction team perfectly follows the flawed plans.

Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

A contractor’s obligation to return and fix defects typically arises during the “defects liability period,” as defined in the construction contract. This period starts after the construction work’s completion and varies in length, often lasting between six months to several years.

If a defect is identified during this period, the contractor is generally required to rectify it at their own cost. However, if the defect arises due to the client’s misuse or an issue outside the contractor’s control, they might not be obligated.

Our expert construction dispute lawyers have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today.

A “snagging list” refers to a compilation of defects or issues that are discovered during the inspection of a newly constructed or renovated property. These are often minor issues that need rectification, like chipped paint, misaligned fixtures, or minor cracks. The snagging list is typically created before the final handover of the project, and the contractor is usually obligated to address these issues within an agreed timeframe.

Case Example: After the completion of a residential home project, the owner creates a snagging list highlighting issues like uneven tile placement in the bathroom and a faulty light switch in the bedroom. The contractor then makes the necessary repairs before the final handover.

If you are nearing the completion of a construction project, it is advisable to be thorough with your snagging list. 

If a contractor refuses to accept responsibility for a defect, you have several courses of action:

1. Contract Review: Assess your construction contract. It should outline the contractor’s obligations regarding defects.
2. Mediation: Consider mediation or alternative dispute resolution (ADR) to find a middle ground.
3. Legal Action: If other routes fail, you might consider pursuing a legal claim against the contractor for breach of contract or negligence.
4. Insurance Claim: Depending on your policy, you might be able to claim repair costs through insurance.

If you are facing resistance from a contractor regarding defects, our skilled lawyers can guide you on the best course of action tailored to your situation. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when construction disputes arise. Please do not hesitate to call us for a Free Consultation today.

Yes, employing a third-party quality assurance or inspection service can be beneficial. These experts can provide an unbiased assessment of the construction work, ensuring it adheres to industry standards and contract specifications. Having an external inspection can offer peace of mind, identify potential issues early on, and reduce the risk of disputes or costly repairs in the future.

Yes. Defective building works can have a significant impact on both the insurance premiums and the valuation of a property. Severe defects, especially structural ones, can make a property unsafe and lead to higher insurance premiums. Additionally, defects can reduce the property’s market value, making it less appealing to potential buyers or lessees.

If you are concerned about how construction defects might impact your property’s insurance or valuation, do not hesitate to consult our building dispute solicitors for advice.

Dealing with defects in historical or listed buildings involves unique challenges and considerations due to their cultural, architectural, or historical significance. There are several considerations to think about:

1. Legal Restrictions: Listed or historical buildings often have legal protections in place that limit or dictate the type of alterations or repairs that can be made. Before undertaking any remedial work, it is essential to check local regulations, obtain any necessary permissions, and ensure compliance.
2. Specialised Expertise: Addressing defects in these buildings requires specialised knowledge. Contractors and consultants familiar with historical construction methods and materials should be engaged to ensure repairs or restorations are in line with the building’s character and history.
3. Authentic Materials: To maintain the historical integrity of the building, it may be necessary to source authentic or closely matched materials for repairs, which can be more challenging and costly than using modern equivalents.
4. Preservation vs. Repair: In some cases, preserving the original features of the building might be more important than fully repairing a defect. Balancing between preservation and functionality is crucial.
5. Documentation: Maintain thorough documentation of all defects and subsequent repair work. This is essential not only for historical records but also for potential future sales, insurance, and legal purposes.
6. Cost Implications: Due to the specialized nature of work and materials, repairing defects in historical or listed buildings can be more costly than standard repairs. Budgeting should account for this potentiality.

When dealing with defects in historical or listed buildings, it is essential to approach the situation with a blend of reverence for history and practicality. Our expert building dispute solicitors have extensive experience and success in resolving defective construction and building disputes quickly and cost effectively. It is important to act fast when disputes arise. Please do not hesitate to call us for a Free Consultation today on 0207 459 4037 or complete our booking form.