MCP Solicitors' Guide To Building Disputes
Building is now a very heavily regulated sector and builders face onerous duties to, amongst others, employees, sub-contractors and the general public. Disputes can arise with any of these groups and dealing with them can be time consuming and expensive.
How should builders avoid disputes?
Arguments over workmanship or occasional claims by employees and sub-contractors are to an extent unavoidable. The best advice is usually to keep a good paper trail so show that you have complied with your legal obligations. Where there are factual disputes written evidence is important so keep a written record of discussions.
What should I do if I want to make a claim against a builder?
Because of the amount of regulation involved in the building industry you should take advice from an MCP Solicitors' Dispute Resolution lawyer to find out what the builder�s legal obligations are.
Do most building disputes go to court?
Like most disputes building disputes are usually resolved by negotiation. Most building contracts have arbitration clauses which oblige the parties to refer the matter to an arbitrator. In theory arbitration is a quicker and cheaper method of resolving a dispute than court action. However, some schemes are very complicated and lawyers will still need to be involved.
Often in building disputes by the time lawyers are consulted some or all of the original evidence will have been lost. It is therefore important to take advice early so that you know what you need to record, whether in writing, by photographs etc.
