For many people, having works done to their home can be an exciting time. A long awaiting conversion, a much needed extension or even just a quick refresh is often a welcome change. However, unfortunately, sometimes during the course of the works things can go wrong. The works might not be up to the expected standard, things may be incorrect and not per the contract, or the builder may simply have not completed the works and refused to return.
When things go wrong during building or construction works, it is understandable that people want to resolve the issues as soon as possible, however, before taking any steps, it is important to ensure that you are in the best position possible, should legal action be required.
Here are some top tips of steps that you should take when having building or construction works done both before and in the event of a dispute:
Always ensure that any contract is in writing. This helps to prevent disputes about what was actually agreed in the future.
Similarly, try to ensure that all correspondence is in writing or that telephone calls or discussions in person are followed up by emails. This again helps to prevent disputes about what was discussed between the parties in the future.
Take photographs and/or videos of the works throughout the process, where possible, so you have plenty of evidence of steps that are taken.
Should issues arise, try to discuss these with the contractor before taking any action. It may be that they are not aware of the issues and a quick email or discussion could resolve the matters without the need to enter into an expensive legal battle.
If a dispute arises and the parties cannot reach an agreement, do not have any remedial works carried out (unless absolutely necessary) without getting independent expert evidence. Once remedial works have been completed it is much harder to get independent expert evidence to support your case.
Always put the contractor on notice of any remedial works that you do intend to have completed so that they have an opportunity to inspect the issue first.
Allow the contractor an opportunity to carry out an inspection or obtain their own expert evidence if they request this. It would be unreasonable to refuse this request.
When things go wrong it is always advisable to seek independent legal advice before taking any steps which could prejudice your claim. Contact Stephensons today on 0161 696 6178 to speak with our specialist solicitors.
Comments