Resolving building disputes
The process of building a new residential or commercial property or making substantial changes to a property is a big decision to make. Throughout a building project, disputes can often arise between individuals, businesses, contractors, building firms and other professionals, such as planning consultants, plumbers or electricians.
Types of building disputes
Disputes regarding building projects can be long, costly and complex, and can often arise in relation to:
- Mistakes in building contracts
- Work not carried out as specified in the agreed contract
- Negligent work undertaken by contractors or individual professionals
- Construction, engineering or planning negligence
- Disagreements in relation to costs and payments, including payment notices and payless notices
- Poor work carried out, or materials used by, contractors or individual professionals
If a building dispute cannot be resolved in an amicable manner, it is advisable for the parties to seek specialist legal advice.
How our solicitors can assist with building disputes
While most building projects have proper contracts, plans and specifications in place, these unfortunately never guarantee a dispute free process. The key to resolving issues without compromising the project’s future is the incisive interpretation and application of contractual terms.
At Nelsons, our solicitors can advise individuals and businesses regarding their building projects, making sure that they are properly protected by clear terms about obligations, rights and enforcement in the contract.
Our team ensures that a contractor fulfils their obligations as stated in the agreed contract and can also assist with instructing surveyors who can provide an assessment of the building project. This assessment will highlight the issues with the project and outline what repairs need to be undertaken by the contractor.
Additionally, we also represent contractors and builders in these type of disputes, providing bespoke legal advice regarding the points of contention in relation to the building project.
Our approach
Our solicitors assess the rights and wrongs and the scale of what has happened in relation to a building project. Always with regard to the contracts that are in place, the relationships involved, we help to resolve disputes as quickly and inexpensively as possible.
If building disputes cannot be resolved in an amicable manner between parties, our solicitors look to Alternative Dispute Resolution (ADR) as a way of bringing things to an end. With a wealth of experience in mediation, arbitration, as well as negotiation, our solicitors have helped resolve building disputes of all types and sizes without going through the Courts system.
Alternatively, building disputes can be resolved by a different form of ADR, which is adjudication, which provides a quicker and more cost-effective option than resolution through arbitration, mediation or via the Courts.
However, if the Courts are needed, we can provide representation throughout the proceedings, with time, costs and the objectives of our client firmly in mind.