Building disputes

We advise homeowners, landlords, property investors and builders on disputes arising from residential building, renovation and refurbishment work. Most of our specialist, experienced team are based in our London Offices. We have a number of other offices and offer a nationwide service.

Most disputes involve extensions, renovations, kitchens, loft conversions, buy-to-let refurbishments or other substantial work to a property. Problems may include defective or unfinished work, significant delays, unexpected additional charges, a builder leaving the job, withheld payments or disagreement about what was actually agreed.

We can establish the contractual position, assess the practical options and advise whether the priority should be getting the work completed or corrected, terminating the agreement, recovering money, securing payment or negotiating a settlement.

For B2B disputes arising from construction projects, including disputes between developers, employers, main contractors and subcontractors, see our Commercial Construction Disputes service.

Building disputes we deal with

We advise on disputes involving:

• house extensions and structural alterations;

• kitchens and bathrooms;

• loft conversions;

• whole-property renovations and refurbishments;

• buy-to-let and investment-property renovations;

• HMO refurbishment and conversion work;

• landscaping and external works;

• roofing and other substantial building work;

• defective or poor-quality workmanship;

• unfinished or abandoned work;

• builders leaving the project or failing to return;

• significant delays;

• disputed extras and variations;

• projects costing substantially more than expected;

• missing certificates, warranties or other paperwork;

• builders claiming unpaid invoices or final balances;

• owners withholding payment because work is defective or incomplete;

• disputes about terminating the agreement; and

• significant defects in newly purchased homes where a builder or developer has failed to resolve them.

Do you have a contract with your builder?

You do not necessarily need a lengthy signed building contract to have a legally binding agreement.

Many residential projects start with a quotation or estimate followed by emails, WhatsApp messages, specifications, invoices and conversations as the work progresses.

Problems arise when the parties later disagree about what was included in the price, the standard of work required, when the project should have been completed, payment stages or whether additional work was agreed.

We can review the available documents and communications to establish what was probably agreed and which terms apply.

This is particularly important before either party takes a significant step such as refusing payment, stopping work or terminating the agreement.

Can you terminate your agreement with a builder?

Possibly, but terminating incorrectly can make the dispute considerably worse.

Serious defective work, substantial delay, abandonment of the project or another significant breach may potentially justify termination. The precise position depends on what was agreed, what has happened and whether the builder should first be given an opportunity to put matters right.

There may also be contractual requirements about notices or termination.

If you terminate without having the right to do so, the builder may argue that you have breached the agreement and claim its resulting losses.

Where substantial money or unfinished work is involved, it is sensible to establish your position before telling the builder not to return or appointing somebody else to finish the job.

What if the builder stops work or walks off the job?

A builder may stop attending because payment has been withheld, because of a disagreement about additional charges or because the relationship has broken down.

The first issue is whether the builder was entitled to stop work.

You may need to establish:

• what work has actually been completed;

• what remains unfinished;

• whether payments properly due have been made;

• whether the completed work is defective;

• why the builder stopped;

• whether they have indicated that they will return;

• what it will cost another builder to finish the project; and

• whether you are entitled to terminate the agreement.

Before another builder changes or completes the work, it can also be important to preserve evidence of its condition. Photographs, correspondence and sometimes independent expert evidence may become important if a claim follows.

Defective building work

Not every imperfection justifies a substantial legal claim. Equally, serious defects can make parts of a property unusable and result in significant remedial costs.

Where the quality of workmanship is disputed, an independent surveyor or other building expert may be needed to identify the defects, assess whether the work meets the required standard and estimate the reasonable cost of putting it right.

Good evidence can also help resolve a dispute without court proceedings.

Possible solutions include:

• the original builder returning to rectify the work;

• agreeing a schedule of remedial work;

• reducing the outstanding bill;

• the builder contributing towards remedial costs;

• bringing the original agreement to an end;

• appointing another builder to finish or correct the work; or

• agreeing a financial settlement.

The right solution depends on the seriousness of the defects, whether the relationship can be repaired and the sums involved.

Delays and unfinished building work

Residential projects frequently take longer than expected, but there is a difference between an understandable delay and a project which has seriously overrun or effectively been abandoned.

The legal position can depend on whether a completion date was agreed, the reasons for the delay, changes requested during the project and the terms of the agreement.

The practical question is often whether it is still realistic for the existing builder to complete the project or whether the relationship needs to be brought to an end.

We can advise on the options before you commit to another builder or incur significant additional costs.

Additional charges and disputed extras

Building projects often change after work begins.

A property owner may request additional work. The builder may encounter an unexpected problem. One party may believe particular work was included in the original quotation while the other regards it as an extra.

Where there is no detailed written contract, these disputes can become particularly difficult.

We can review quotations, specifications, emails, messages, invoices and payment records to establish what was agreed and whether additional charges are properly payable.

Can you withhold payment from a builder?

Potentially, but simply refusing to pay can escalate the dispute.

The amount properly due may depend on the agreement, the stage the project has reached, the value of the work completed, any defects or unfinished items and the reasonable cost of putting problems right.

Withholding too much may expose you to a claim by the builder. Paying the full balance despite significant defects can create different practical difficulties.

We can help establish what is genuinely in dispute and advise on the best way to protect your position.

What if the builder will not provide certificates or paperwork?

Missing documentation can become a significant issue, particularly when the property is later sold, let or remortgaged.

Depending on the work, you may be expecting certificates, guarantees, warranties, invoices, specifications, building-control documents, electrical or gas certificates or information about products and materials used.

The first question is whether the builder was responsible for obtaining or providing the particular document.

We can establish what should have been supplied and seek outstanding documentation as part of resolving the wider dispute.

Buy-to-let and investment property renovation disputes

We also advise landlords and residential property investors where refurbishment or renovation work has gone wrong.

This might involve renovating a property before letting it, refurbishing a buy-to-let property between tenancies, converting or improving an HMO or carrying out work before resale.

Is the builder worth suing?

This is an important question and should be considered before substantial legal costs are incurred.

You can have a strong legal claim but still struggle to recover your money if the builder is insolvent, has stopped trading or has few assets. Before recommending substantial litigation, we consider:

• the realistic value of the claim;

• the strength of the available evidence;

• likely legal and expert costs;

• who the correct defendant is;

• whether that person or company appears capable of paying;

• whether insurance, a warranty or another route to recovery may be available; and

• whether another party may also be responsible.

Sometimes the sensible advice is that a claim should not be pursued very far, even where there appears to have been a breach.

Our experience in building disputes

Our property dispute lawyers regularly advise on disputes involving residential building and renovation work.

In one recent matter involving a premium kitchen installation, our client faced a claim for an outstanding balance of £72,500 despite persistent plumbing leaks, dangerous electrical faults and concerns about the standard of the finished installation.

Our lawyers can also work with colleagues specialising in property, professional negligence and construction law where a building dispute raises wider or particularly technical issues.

Fees

We are upfront with clients if a case is likely to cost more than the sum you will recover. We will be transparent on fees and we will help you through what may be a stressful situation but try to resolve things for you as quickly as possible.

Please get in touch, if you need our expert advice and assistance in this area.