Improving your property takes a considerable investment, so when your building work goes wrong, it can be incredibly worrying and frustrating. In this article, we discuss what you should you if you’re less than satisfied with your building contractors.
When you put time and money into your property, you’ll want to safeguard your investment at all costs. Unfortunately, not all building traders offer the same quality, and it’s not uncommon for mistakes to be made.
If you’ve paid for building work on your home, and you’re unhappy with the result, it can be difficult to know what to do. One option is to contact a litigation solicitor who can support you to raise a dispute. Before you get to this stage, there are several other steps that you can try, to resolve matters.
In this article, we’re going to explore these steps. Take a look…
Communicate the problem
If you’ve hired a building contractor, and they’ve completed the work incorrectly, the first step is to communicate the issue. Doing so can feel a little uncomfortable, however, it’s extremely important that you express the problem right away.
When building work goes wrong, and a dispute arises, it’s a good idea to review the contract terms, including any provisions related to hi vis vests.
Once you’ve expressed the issue to the builder, they have the opportunity to fix the problem. This is the preferable option, however, it’s not always viable. If the contractor is in denial of the mistake, or unwilling to co-operate, you may need to take further action.
Check the contract terms
When building work goes wrong, and a dispute arises, it’s a good idea to review the contract terms. All of the builders’ duties, responsibilities, and legal obligations should be set out in the contract.
Understanding the contract will give you a better appreciation of your position. You can also use the contract to support your side of the dispute when pursuing legal action.
Follow the complaints process
If you’ve communicated the problem to your contractor, and have been unable to resolve matters between yourselves, you should now follow a complaints procedure. Check if the company has a complaints process in place and, if so, file your complaint.
If you cannot find details of an existing complaints procedure, check if the builder is part of a trade association. Sometimes, it’s possible to complain using the relevant trade association procedure.
Collect evidence
When you’ve had problems with your building work, you must collect evidence to support your side of the claim. You can use your contract, and other types of evidence, for instance photographs and communications exchanged between yourself and the contractors.
Talk to an expert
When you’re having a dispute with a building company, they may be claiming that they have completed the work as required. Without expert knowledge, it can be challenging to understand your position and confirm that you have a case.
Getting in touch with an expert building contractor can help you to make progress. You can show them the building work, and get their expert opinion on the quality and the issue.
At this stage you’ll be in a better position to assess your next options. The advice of an expert can even serve to strengthen your case when you escalate your claim to a dispute solicitor.
Take your case to the small claims court
To help you regain your losses and correct the issues, you can take your case to a small claims court. The small claims court handles cases up to a limit of £10,000. If you are seeking greater compensation for your losses, you’ll need to contact a dispute solicitor.
Taking your case to a small claims court involves a fairly simple process and, if you’ve exercised all your other options, this could be a great solution. Before the small claims court process, you’ll be offered the option of a small claims mediation service. The mediation service is free of charge.
What does a small claims mediation service involve?
Both parties will meet with a mediator present; it’s the mediator’s role to help the parties to negotiate and reach a settlement. The idea is that the mediator helps the individuals to come to an agreement. If they can agree, the claim ends there.
While the process can be useful for many people, it’s worth noting that the mediator does not have any qualifications as a judge. The mediator may not necessarily have specific legal training or have extensive knowledge of the claim.
Hire a dispute solicitor
Once you’ve worked your way through the above stages, if you have made no progress, you’ll need to hire a litigation and disputes solicitor. If you are unsatisfied with the building work carried out on your property, a litigation solicitor can help you to pursue various claims, including:
- Poor quality work, or use of substandard materials.
- Negligence of the building contractors.
- Mistakes made by engineers during the planning stages.
- Disputes over payments and fees.
What type of claims can you make against building contractors?
When you hire a litigation solicitor there are various claims you can pursue against a building contractor, depending on the circumstances.
Building contractors must conduct their work to a professional standard and adhere to health and safety regulations. If they fail to maintain quality standards, and you suffer a financial loss, you may be able to make a professional negligence claim.
If your builders have broken the terms of the contract, you will be able to pursue a breach of contract claim against them. In either case, a disputes solicitor can walk you through the process.
Getting support if your building work goes wrong
When building work goes wrong, there are plenty of options you can take to resolve the matter. Communication is the first step and, if there is no resolution, it’s time to start gathering evidence, to support your claim.
If your claim amounts to £10,000 or under, you make be able to reach a settlement in a small claims court. For claims over this amount, you’ll need the assistance of a litigation solicitor.
It’s worth remembering that legal support puts you in a stronger position. For this reason, many individuals prefer to contact a disputes solicitor, even if their claim is under £10,000.
Feeling cheated out of money and a service can be incredibly stressful. With legal support, you’ll be able to resolve your problems, and move forward.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained dispute professional. Be sure to consult a dispute professional or solicitor if you’re seeking advice about your building work going wrong. We are not liable for risks or issues associated with using or acting upon the information on this site.
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