Property Litigation Q&A February 2022: Residential construction disputes

Property Litigation specialist lawyer, Will Bartley, provides advice on residential construction disputes, why they arise, and what to do about them.

How do construction disputes arise?

With property prices rising year on year and people spending more time at home during the pandemic, home renovations and construction work has seen a sharp increase.

Unfortunately, it is not uncommon for works to start off well but encounter issues mid-way through a build or towards completion.

This can lead to acrimonious disputes regarding snagging and remedial works and unpaid invoices for contractors.

The vast majority of enquiries of this nature result from the home-owner being unhappy at the standard of the construction works they have received, and therefore withholding stage payments to the contractor, resulting in a counter-claim dispute.

I contracted a building company to undertake renovation and extension works at my property – the works are not to the required standard and need fixing, what can I do?

This is very common in home renovation works.

For large scale jobs, such as property renovations or extension work, it is expected that there will be some minor issues due to the size and complexity of the works required.

This would usually be dealt with by the contractor at the end of the works – often referred to as snagging, with both parties happy with the end result.

What to do when you're unhappy with a contractor’s work?

We are experiencing an increasing number of enquiries regarding substantial disputes between the home-owner and the contractors regarding the quality of the works.

This may result in an independent surveyor being instructed so that they can assess the works for themselves and make recommendations as to how to resolve them and who should bear the cost in doing so.

If this is not productive, Court proceedings are often needed for the Court to determine how to resolve the matter.

If you believe that you cannot settle a dispute regarding remedial works with your contractor, we suggest that you seek immediate legal advice before the issue escalates and one party breaks the contract.

How to resolve construction disputes

Click here to read the full Q&A.

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