Building Bridges
The dream of a new kitchen, bathroom, conservatory or extension can quickly turn into a nightmare if your builder is unreliable and you don’t get the results you expected. Construction disputes arise where customers experience problems with their builder and include issues such as poor workmanship, unfinished work, structural problems and breaches of contract.
There is a specific Pre-Action Protocol which must be followed in all construction disputes. The aim of the Protocol is to encourage parties to settle their claims and avoid the need for Court proceedings. This is the only Pre-Action Protocol which requires a face to face meeting between the parties before Court proceedings are commenced. The purpose of the meeting is to define and agree the issues between the parties and explore possible ways of resolving the claim.
Where it is not possible to resolve a dispute at an early stage, there are a number of options available:-
- Adjudication
This is a quick and simple procedure which involves an Adjudicator giving a preliminary decision which is binding on the parties until there is a final determination by either a Court, Arbitrator or an agreement between the parties - Arbitration
This involves an independent Arbitrator hearing both sides of the dispute and making a decision which is binding upon the parties. Many construction contracts contain a specific Arbitration clause which binds the parties to resolving any dispute by way of Arbitration. The Arbitrator will be an expert in the field and will hold a private hearing. Once a decision is made, the parties are bound and cannot then proceed to Court. - Mediation
This is a voluntary process at which an independent mediator assists the parties in negotiating their dispute to achieve a resolution. The mediator will be a neutral third party and all discussions will be confidential. This is often an effective method of resolving disputes, however, if the process fails to resolve the matter or if a party does not act in accordance with any agreement reached, the parties can proceed to Court. - Court Proceedings
Construction disputes are dealt with by a specialist division of the High Court, the Technology and Construction Court. The Court operates its own specialist rules and procedures to effectively manage cases thereby reducing delay and costs.
Successful claims can result in rectification of defective works, payment of Damages, repayment of monies paid for work not undertaken and payment of any consequential losses. Your builder may have insurance cover in place, against which any claim you may have can be made (it is advisable to secure these details prior to commencement of the works).
Construction disputes have a limitation period of six years, during which time claims must be issued at Court, otherwise they will become statute-barred.
Partner and Head of Dispute Resolution
Commercial Dispute Resolution
LPatel@LawBlacks.com
0113 227 9316
@LukeLawBlacks
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Luke Patel
