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Building disputes can be incredibly acrimonious and unfortunately the relationship between the parties can become so embroiled that the builder simply “downs their tools” and walk off site, refusing to ever to return.In such a situation a homeowner is left in a vulnerable position having paid (more often than not) a considerable sum to a builder but a considerable amount of work is still outstanding on their project before it is completed.
There may be various reasons why a builder may decide to refuse to carry out any further works and every case will need to be looked at on its own facts to determine whether the builder has acted in repudiatory breach of contract and left the site without lawful excuse.
An absolute refusal to carry out the building works or abandonment of the works before it is substantially completed can be a repudiation of the contract on behalf of a building contractor.However, it will be important to determine whether the builder has any lawful excuse for doing so.
If a homeowner can show that a building contractor is in repudiatory breach of contract, then this may not automatically terminate the contract.The issue of terminating a contract can be a complex area in building disputes.There may well be condition precedents within the terms and conditions of the contract which the parties must follow before a contract is validly terminated.Accordingly, if a party wrongfully terminates a contract, then this could have significant consequences in their ability to claim damages in any future legal proceedings
If a homeowner has a situation where their builder has walked off site and appears to have abandoned works, it will be prudent to seek independent legal advice at their earliest opportunity before they take any further action to ensure they limit the risk of prejudicing their position.
If you think you may have a claim and wish to discuss it with us, please telephone our specialist team on 01616 966 229, or complete our online enquiry form and someone will respond to you as soon as possible.
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