Island Life Magazine Ltd June/July 2013 | Page 144

Legal Issues with Roach Pittis Solicitors

By Chris Prew

Building disputes
The disruption of building work in
your home is stressful and upsetting
even for relatively small projects, but
when the work is left half-finished or
is defective, being left to stew in the
rubble is maddening.
Avoiding Disputes
It is essential that you and your builder
are clear from the outset. Builders are
not necessarily good communicators.
Some may deliberately avoid difficult
issues until the work has started.
Once a builder has taken down a wall
or two, you may find it difficult to
negotiate. While most builders are
reasonable, if you cannot agree you are
left with few options.
It is common in disputes for there
to be a difference of opinion as to
what was said or agreed at the outset.
As such, it is important that the
agreement and any subsequent changes
to the agreement are confirmed in
writing. A reasonable builder would
have no objection to this. Things
can get confused if the agreement is
recorded in a variety of documents,
e.g. specifications, quotes and
subsequent letters.
A thought-through contract can
avoid genuine misunderstandings.
It can also set out a payment and
progress timetable which helps both
the builder and the homeowner. A
contract can also allow for dispute
resolution without the need to spend
tens of thousands of pounds on Court
proceedings.

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Disputes
Homeowners’ first priority when they
have parted company with a builder
in mid-contract is to reclaim their
home. However, before any remedial
works start, if there is a possibility of
a dispute, you should get a surveyor in
to assess the situation.
If that is not economical, you should
at least take a careful itemised record
including photographs of the problem
and get three quotes for the remedial
work. It is a good idea to get the
new builder to give an opinion as

to the standard of work. If you have
a problem and want advice, we can
provide an initial fixed cost advice and
help with the initial