From the overall design process of a property to its construction, disputes can arise between contractors, architects and property owners alike. Because there are various parties involved in a construction project, disagreements can frequently arise, which can delay and hinder the construction process. In England and Wales, there are six main bodies of construction law, including a breach of statutory duty and contract law. No matter which area of law your dispute falls into, there are civil litigation solicitors who can help you settle your claim and get the results you need.
Our construction lawyers here at Van Eaton Solicitors in Streatham have years of experience in resolving disputes between parties involved in construction projects. By analysing your case, we can gather the necessary evidence needed to build an airtight claim. There are various examples of disagreements that can arise, but some make themselves more apparent than others.
Timings and Delays
Construction projects will usually have a set time frame in which they need to be completed, but things small instances can often go wrong. When these faults begin to accumulate, significant delays can take place, which can often lead to disputes between contractors and those who contracted the property to be built. Even if the contract does not contain a specified timescale, it is essential that all work is completed in a timely fashion to avoid disagreements. If you believe that a construction project is taking too long to complete, you should refer to your contract.
In the construction industry, under the International Federation of Consulting Engineers, contractors are required to give advance notice of any circumstances that may result in a delay. Any rights to an extension of time for completion may be lost if there is a failure to do so. There may be a simple explanation for a delay, so it is recommended that you discuss the matter in-house before seeking alternative dispute resolution such as mediation. However, a litigation team can help you build a strong case, and can ensure all documents and files are made and signed legally.
Quality and Defects
One of the most common disputes surrounding construction law involves the quality of workmanship produced by builders and contractors. If a project is not completed or constructed in line with the specifications, parties may have the relevant grounds to make a claim and raise a dispute. Different parties will commonly disagree over whether the work completed is up to standard, which can lead to withheld payments from those who contracted the work. A building plan should present clear expectations in order to decrease the chances of a dispute arising.
Everyone involved in the construction of a property, from the designers to the contractors, have a reasonable duty of care to those who have commissioned the work to be completed and those who will be using and/or living in the property. If this duty has not been adhered to due to poor quality or a defect, a substantial claim could be made if the defect renders the property uninhabitable. To find out more about how our civil litigation solicitors can help you settle your construction dispute, please visit us here.
Breach of Contract
When entering into any agreement with other parties, it is recommended that a contract be drafted and legally signed. Contracts outline the obligations that each party must should adhere to; if one party fails to uphold their end of the contract, they may be liable for any damages. If a project has not been completed on time, but the contract states that it should have been completed at a set time, this could be considered a breach of contract. There are two main types of breaches; a material breach is more serious, whereas a non-material breach is less so, and the innocent party may claim for damages, but may not consider it is discharged from any further obligations under the contract.
Here at Van Eaton Solicitors, we can help you analyse and build your construction law case against the opposing party, ensuring you have a good chance of winning your claim and settling your dispute effectively. If you are involved in a construction dispute that you would like to discuss with a legal professional, please give us a call on 0208 769 6739. Alternatively, you can book a free consultation by filling out our online contact form.