When your home improvement project goes awry, and you face having to pay out for expensive remedial work, you may wonder, ‘Can I sue my builder?’. Suing a builder can be complex, and it’s important to explore all available options to avoid incurring further irrecoverable expenses. Our building disputes team are experts in advising homeowners to resolve issues such as poor workmanship, delayed work, and unfinished jobs. Our advice is concise, straightforward, and always focused on finding a pragmatic solution that achieves your goals quickly and cost-efficiently.
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When Can I Sue My Builder?
The issues that can arise in connection with home improvement projects are wide and varied. However, some issues arise time and time again as the cause of disputes. They include the following:
- The builder’s workmanship is poor.
- The builder has deviated from your architectural plans.
- The builder has used incorrect or substandard materials.
- The builder has not adhered to planning or building regulations.
- The builder has disappeared without finishing the job.
- The builder’s work has left your property unsafe.
- The builder has damaged your property.
- The builder is taking too long to get the job done.
What Can I Sue My Builder For?
Your legal rights in connection with building issues will primarily be governed by your agreement with them. If you have a written contract, your first port of call will be the terms of that contract to establish whether the builder is in breach of them. If they are, you may be able to sue your builder for breach of contract.
In addition to the express contractual terms you agreed, the law implies other terms in contracts between homeowners and tradespeople, including builders. A pertinent implied term in the context of home improvement projects is that the builder must use ‘reasonable care and skill’ in carrying out the job. If your builder’s work is not up to standard, they may be in breach of this implied term, and you may be entitled to sue them for breach of contract.
If you do not have a written contract with your builder, don’t panic. When you asked them to undertake the work on your home, and they agreed, you entered into an oral contract. Therefore, whilst you have no express contractual terms to rely on, you can nevertheless rely on the implied terms and sue the builder for breach of those.
What Can I Do If I Do Not Want To Sue My Builder?
Clients are often keen to avoid litigation wherever possible, and that is a sentiment we share. Court proceedings can be lengthy, acrimonious, and expensive. You have no control over the process, and the outcome is inherently uncertain. Homeowners are, therefore, often pleased to learn that there are several alternatives to litigation that can achieve their desired results. They include the following:
• Negotiation.
Even if your discussions with your builder have not yielded results, your builder may be more inclined to engage when solicitors get involved. Our building dispute solicitors are skilled negotiators and regularly achieve excellent settlements for our clients without the need to progress to more formal processes.
• Builder-Specific Alternative Dispute Resolution (ADR).
Several industry bodies, such as the Federation of Master Builders, operate ADR schemes to handle complaints against their members. The schemes offer a quick, flexible route for homeowners to resolve disputes with their builders. If you disagree with the outcome, you can still pursue other dispute resolution methods, including litigation if you wish. However, on the downside, the schemes are not available in all cases, and the relief they can provide is limited.
• Mediation.
Mediation offers a relatively quick and cheap method through which building disputes can be resolved. The mediation process involves an independent third party with an understanding of building practices and the relevant law assisting the parties in reaching a mutually acceptable settlement. The parties retain control of the procedure, including choosing the time, venue, and format of the mediation and selecting the mediator. Mediation is confidential and non-binding. However, if the parties reach a settlement, their legal advisors will draw up a Settlement Agreement detailing the terms on which they have resolved the issue.
That agreement is a legally binding contract.
What Are My Next Steps If I Want To Sue My Builder?
The first thing you should do if you want to sue your builder is to take expert legal advice from experienced building dispute solicitors like ours. We will review the circumstances of your case and advise on the merits of your position. We will explain your options and help you decide which is best in your situation and most likely to achieve your goals. You will find our solicitors friendly, approachable, and committed to providing a first-class service at affordable rates.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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