Building Work Disputes – What Are The Options Available

When building works do not go to plan it can often be difficult to know what your options are. Issues with a trader and building works can be stressful and leave you in a position where work has not gone as you had hoped or agreed, often leaving you living in a building site for an extended period with little prospect of the works being completed. When in this position, there are steps you can take to try and resolve the problem.

Disputes may arise when work has been left incomplete, incorrect work has been carried out or there are other issues with the work completed by the trader.

The Consumer Rights Act 2015 (Act) can assist with a dispute of this kind. Section 49 of the Act states that every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

Where a trader has failed to do the above, section 54 of the Act can assist. Section 54 of the Act provides that, if a service does not conform to the contract, the consumer is entitled to a repeat performance or the right to a price reduction. The Act also provides that a consumer may also be able to rely on the following remedies:

The burden of proving that the services did not satisfy the contract between the consumer and the trader, falls with the consumer. Therefore, as a consumer you must show that the service provider did not fulfil the contract and meet the requirements set out in section 49 of the Act.

It will be necessary to obtain expert evidence to confirm the issues with the works carried out by the trader. This evidence can then be used when writing to the trader to set out the issues with the work. If that expert evidence is to be relied upon in subsequent proceedings, the report will need to comply with the Court rules and accordingly, it is important to check whether your chosen expert can produce such a report before proceeding with their instruction.

The remedies set out in the Act are to put the party who has suffered a loss back in the position they would have been had the contract been carried out satisfactorily by the trader. These remedies are not to put a party in a more advantageous position.

A dispute of this kind is known as a breach of contract. Breach of contract disputes are subject to a limitation period of six years from the date of the breach. This means that any claim arising from a breach of contract must be issued with the Court within 6 years of the breach occurring. A failure to issue the claim within the specified time period will result in the consumer being time barred by operation of the Limitation Act 1980.

The first step before issuing proceedings is to write to the trader setting out your claim. The trader will likely defend the claim and the parties will need to engage in correspondence to narrow the issues and try and reach an agreement to bring the dispute to a close. At Nelsons, our expert team is able to assist individuals in this position in navigating the procedural framework and engaging in negotiations to bring such a stressful situation to a speedy conclusion.