Blackstone Solicitors explores the intricacies of cancelling a building contract after the cooling-off period within the legal framework of England and Wales. Peace of mind is paramount when embarking on a construction project. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) offer some protection for consumers entering into building contracts, including a crucial “cooling-off period” for certain contracts. In this article, Cancelling Building Contract After Cooling Off Period, we will delve deeper into the subject.
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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of terminating building contracts and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Understanding the Cooling-Off Period
The Regulations provide a valuable window of opportunity for consumers to withdraw from certain home improvement contracts without penalty. This cooling-off period typically lasts for 14 days after the later of two dates:
- The day you receive a copy of the signed contract.
- The day you receive all the legally required information about the right to cancel.
Crucially, the cooling-off period only applies to contracts for home improvement work:
- Arranged at your home, your workplace, or another non-business location.
- Agreed by phone, email, or another method of distance communication.
Cancelling After the Cooling-Off Period
While the cooling-off period provides a clear right to cancel without penalty, options for cancelling a building contract after this window has closed are more limited. Here are some potential scenarios to consider:
- Breach of Contract by the Contractor: If the contractor breaches the contract in a significant way, you may have the right to terminate the agreement. This could encompass situations such as:
– Failure to meet agreed deadlines without reasonable justification.
– Delivering work that falls below the agreed standards or building regulations.
– Abandoning the project without a legitimate reason.
- Right to Withdraw under the Consumer Rights Act 2015: The Consumer Rights Act offers some additional rights for consumers entering into contracts for goods and services. In very specific circumstances, you may be able to withdraw from the contract if the work completed is defective or does not meet the agreed description. However, this is likely to be a complex legal argument and may not apply to all situations.
- Mutual Agreement: In some situations, you and the contractor may be able to reach a mutual agreement to terminate the contract. This could involve negotiating a settlement that compensates the contractor for work already completed and any reasonable costs incurred due to the termination.
The Importance of Seeking Legal Advice
The decision to cancel a building contract after the cooling-off period can have significant financial implications. Seeking legal advice from Blackstone Solicitors is crucial for understanding your options and navigating the legal complexities:
- Assessing Grounds for Termination: Our construction law specialists can analyse your specific situation and advise you on whether you have valid grounds to terminate the contract based on a breach by the contractor.
- Understanding Consumer Rights: We can help you understand the potential applicability of the Consumer Rights Act 2015 to your situation and advise on the feasibility of pursuing this legal avenue.
- Negotiating Termination: If a mutually agreed termination is a possibility, we can guide you through the negotiation process and ensure your interests are protected.
- Dispute Resolution: If a dispute arises with the contractor regarding termination, we can advise you on the most appropriate course of action, including representation in mediation or litigation proceedings.
Conclusion
While cancelling a building contract after the cooling-off period can be challenging, there may be options available depending on the circumstances. Blackstone Solicitors can be your trusted advisor throughout this process. We can help you assess your rights, explore potential solutions, and guide you towards the most favourable outcome for your situation.
How we can help
We have a proven track-record of helping clients deal with cancelling a building contract. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact our Construction Solicitors
It is important for you to be well informed about the issues and obstacles you are facing. However, expert legal support is crucial in terms of saving you money and ensuring you achieve a positive outcome.
To speak to our Construction solicitors today, simply call us on 0345 901 0445 , or allow a member of the team to get back to you by filling in our online contact form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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