Building and Construction Claims

Building projects rarely go according to plan! Delays in completion or changes to a project may be unexpected but may also be necessary. However, disputes often arise as a result of a contractor’s failure to comply with contractual terms, or with the standards of workmanship or materials which result in defective construction and costly remedial works.

The involvement of a professional project manager to supervise the whole project adds to the project cost, but is usually worthwhile and avoids the customer having to manage the project without a full understanding of the technical issues of the project works. The contract documents and plans, together with a fully documented project history and photographic evidence, will be the key evidence to establishing what went wrong and why.

Most building disputes, whatever the size, can be resolved by mediation or by having a jointly instructed independent expert to investigate and report on the problem, which will avoid unnecessary court action.  

We are competent and experienced in acting for a range of clients; from those having problems with a home building extension or party wall dispute to business clients with large-scale commercial construction disputes.  

For experienced, practical legal advice on dealing with a building or construction dispute, please contact your local Taylor Fordyce office in Winchester, Sunningdale or Alresford.

How building and construction claims work

Letter of claim before action

If we believe you have grounds for compensation in relation to a building or construction dispute, we will prepare a letter of claim and send this to the defendant or defendants who you believe have responsibility for the losses you have suffered.

This letter will set out exactly why you are making a claim, the losses you have experienced and how much compensation (and/or any other measures such as remedial work) you are seeking to resolve the matter.

In many cases, a well-drafted letter of claim is all that is needed to prompt a defendant to make a fair offer to resolve the matter, meaning many claims can be resolved quite quickly once our solicitors become involved.

Mediation for construction disputes

We can act as mediators for your dispute, facilitating a meeting or series of meetings between you and the defendant/s to discuss the issues at hand and guide you towards agreeing a positive way forward.

As mediators, our role is not to make a judgement about who is right or wrong, or to provide legal advice, but rather to help you work with the other parties involved to decide how you want the matter resolved.

Mediation allows you to keep control of the process of solving a dispute and usually allows conflicts to be dealt with much more amicably. It is also normally much faster and less costly than court proceedings.

Independent investigation for construction disputes

Building and construction disputes often involve a disagreement over whether the terms of a contract have been met, the quality of the work carried out or other issues where the parties involved see things very differently.

Seeking the opinion of an independent expert is therefore often the best way to unlock a solution as it allows you to get a neutral third party’s view of the key points of conflict. This can then allow the various parties in a dispute to see things more clearly, making it easier to agree a solution.

We can recommend trusted independent construction investigators that we have worked with on numerous occasions, so you can be confident of a fair, reliable investigation. Our team can also advise you on the results of an independent investigation and how this affects your position.

Professional negligence claims against architects, engineers, surveyors and other construction professionals

If the issues with your project were caused by poor advice from an architect, engineer, surveyor or other construction professional, you may have grounds for a professional negligence claim.

Whether any mistakes with the service you were given can be considered negligent will depend on the circumstances. Generally, it will need to be shown that no competent equivalent professional would have acted the same way under the same circumstances and that this directly led to a financial loss for you.

Our Civil Litigation team can advise you on whether you may have grounds for a professional negligence claim and guide you through the entire claims process.

Find out more about making a professional negligence claim.

Our civil dispute resolution expertise

We offer strong skills in Alternative Dispute Resolution (ADR), meaning even the most complex and high value building and construction claims can normally be resolved without the need for court proceedings. This can save you a substantial amount of time and money, as well as making the process less stressful and acrimonious.

However, where court proceedings are needed, we can offer the experienced support and skilled advocacy you need to help you achieve the best available outcome for your claim.

Taylor Fordyce is independently regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continually meet the highest legal and professional standards.

Start a building or construction claim today

To find out more about pursuing compensation for a building or construction claim, please get in touch with our friendly, expert civil claims lawyers across Southern England now.

 

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