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Building Disputes

How Our Building Dispute Solicitors Can Help

Building dispute solicitors can help prevent disputes and navigate issues when you can’t see a way forward. Our specialist network of solicitors can help by:

Reviewing Contracts and Agreements

Solicitors can review contracts to identify potential issues and ensure that the terms are clear and legally enforceable. An experienced solicitor will work with you to ensure the contract covers your liabilities or losses and includes terms that protect your interests. Our solicitors can draft a bespoke contract for your new project from scratch or advise on the suitability of existing contracts whether you’re in dispute.

Negotiation and Mediation

Solicitors can assist in negotiating as a resolution between the parties involved in a dispute, avoiding the need for costly litigation. Solicitors can also appoint a mediator to help resolve your dispute, mediation can often lead to a mutually agreed settlement.

Litigation for Dispute Resolution

Taking a building dispute to court when negotiations or mediation fail may be the only way to resolve your dispute. Solicitors can represent you in court, from issuing a claim to preparing evidence and representing you during proceedings.

Expert Witnesses and Reports

An expert witness such as surveyors or engineers plays an important role in disputes, providing an impartial opinion on cases. They can provide evidence of defective work or delays, which solicitors can use to strengthen a client’s case in court, or when seeking an out of court settlement.

Why Choose Lawhive to Find a Building Dispute Lawyer?

We connect you with the best building dispute solicitor for your case. Here are the top reasons to work with our specialist building dispute experts:

• Specialist Knowledge in Construction Law: Our landlord and tenant solicitors are renowned for their expertise in resolving building disputes through negotiation, mediation, or court proceedings.

• Tailored Legal Solutions: We provide tailored legal solutions to meet the specific needs of clients. Whether you’re a homeowner seeking help with defective work or a construction company defending against a claim and looking to protect your reputation

• Clear and Cost-Effective Services: Our costs are 100% transparent. Get an instant fixed-fee quote for your dispute before you get started.

4 Common Types of Building Disputes

To get some insight into the process to follow to resolve your building dispute, it’s important to see which category of dispute your issue falls into. 

1. Poor Workmanship and Defective Work

Whether you have subcontracted development work to a contractor, or you’re a homeowner trying to make home improvement, shoddy work can lead to disputes. Examples of poor workmanship include:

• Structural issues

• Improper installation

• Use of substandard materials

2. Contract Disputes

Contract disputes arise when there is a breach of the building contract in residential building contracts and commercial construction contracts. Common reasons for building contract disputes include:

• Failure to complete work on time

• Variations in agreed costs

• Disputes over the scope of work 

3. Payment Disputes

Payment disputes are common in building disputes due to the complexities of assessing completed work and ambiguous contract terms. Some of the most common payment disputes include:

• Non-Payment or Underpayment: This can occur when there are disputes about the quality of workmanship and disagreements over the final amount due.

• Retention Payments: This type of payment clause stipulates that a percentage of the price is withheld until the client is satisfied with the completed work. With these clauses, disputes can arise when there are disagreements over the quality of the work.

• Interim Payments: These are partial payments for work completed during a construction project. When these aren’t made on schedule this can lead to disputes.

• Late Payment: Any payments that are paid after the agreed deadline.

4. Delays in Completion

Disputes also arise from delayed completion of work, often due to failure to adhere to agreed deadlines. Common reasons for delays in completion disputes include:

• Lack of communication

• Design failure

• Professional negligence

• Damage or loss

How Can You Resolve a Building Dispute?

Whatever the problem is, you’ll need to talk to the trader and come to an agreement. Before talking to the trader make sure you have collected any paperwork and documents outlining the agreement that was made and anything that supports your claim. If you can’t come to an agreement, you can resolve a dispute without going to court using a form of alternative dispute resolution. These include mediation, adjudication, arbitration, expert determination and court proceedings.

Legal Rights and Responsibilities in Building Disputes

Homeowners and tenants have statutory protections under UK law. The Consumer Rights Act 2015 gives homeowners the right to have work carried out with reasonable care and skill. Homeowners who have had work done at home which has a problem caused by the trader should be able to get it fixed or get some of their money back. Under the Consumer Rights Act 2015:

• Goods must be correctly installed.

• Work must be carried out within a reasonable timeframe with reasonable care and skill.

• Materials must be fit for purpose and of satisfactory quality, as described and agreed upon.

Builders have a legal obligation to complete work according to the contract terms. Otherwise, they may face compensation claims from customers, or be forced to take the time and bear the costs of putting poor work right. Your rights as a homeowner include:

• Right to Have Work Corrected: You can ask the builder to correct the work to an acceptable standard.

• Right to a Refund or Price Reduction: When poor workmanship can’t be corrected or has caused significant damage you may be entitled to a part or full refund.

• Right to Compensation: When poor workmanship has caused financial losses, you may be able to claim compensation.

• Right to Terminate the Contract: If poor workmanship is a breach of contract, you may have to right to terminate the contract and seek damages for any losses. Terminating a contract can be complex, our solicitors can help with this process.

How to Prove Poor Workmanship in a Building Dispute

To prove poor workmanship when a builder denies wrongdoing you can:

• Take photos of the offending work

• Have a surveyor review the work

• Keep quotes and receipts required for remedial work by another builder

• Collect correspondence between you and the builder regarding timelines and job details

• Refer to the contract’s quality assurance clause

Costs and Solicitor Fees Involved

There are several costs and fees involved in managing building disputes. The cost for a licensed solicitor to help with building disputes is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £150-£200 but in some cases, it could cost as much as £300.

Legal Help with Building Disputes

Building disputes can arise over a number of issues, including the quality of work, the amount of money owed, or the time taken to complete the work. They can be mitigated, or prevented entirely, through clear contracts that set concrete expectations.

Contractors, homeowners and builders subcontracting development work can seek expert legal advice from Lawhive for support in creating contracts which set expectations and protect the interests of all parties. Our expert building dispute solicitors can also provide advice and representation during a dispute, including managing a successful ADR process.