As a homeowner, it’s essential to understand how long a builder is liable for their work. This knowledge can help you protect your investment and avoid potential disputes.
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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 aspects of construction law, 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.
The Limitation Act 1980
The primary legislation governing the time limits for bringing legal claims in England and Wales is the Limitation Act 1980. This Act sets out specific timeframes within which legal actions must be commenced.
For Defective Work
In the context of defective building work, the general rule is that you have six years from the date of the work’s completion to bring a claim. However, there are some exceptions and nuances to consider.
Latent Defects
If the defect is latent, meaning it was not reasonably discoverable at the time of completion, the limitation period may be extended. In such cases, the six-year period begins from the date the defect is, or should reasonably have been, discovered.
Contractual Limitations
It’s crucial to review your contract with the builder carefully. Some contracts may contain specific clauses that limit the builder’s liability period. These clauses must be fair and reasonable to be enforceable.
Professional Negligence
If the builder is a professional, such as an architect or engineer, the limitation period for professional negligence claims is typically six years from the date of the negligent act or omission.
Consumer Rights Act 2015
If you have contracted with a trader for domestic purposes, the Consumer Rights Act 2015 may provide additional protection. This Act implies certain terms into contracts, including that the work will be carried out with reasonable care and skill. If the work is not carried out to a satisfactory standard, you may have a claim under the Act.
Practical Tips for Homeowners
To protect your interests, consider the following:
- Obtain Written Contracts: Always ensure that you have a written contract with the builder, outlining the scope of work, timelines, and payment terms.
- Check References: Research the builder’s reputation and seek references from previous clients.
- Regular Inspections: Conduct regular inspections of the work to identify any potential issues early on.
- Document Defects: If you discover any defects, document them in writing, including photographs and dates.
- Communicate with the Builder: If you have concerns, communicate them directly with the builder and try to resolve the issue amicably.
- Seek Legal Advice: If you are unable to resolve the issue with the builder, consult with a solicitor to understand your legal options.
Blackstone Solicitors: Your Legal Partner
At Blackstone Solicitors, we have a deep understanding of construction law and can provide expert legal advice to protect your rights. Our experienced team can help you with:
- Contract review and negotiation
- Dispute resolution
- Claiming compensation for defective work
- Negotiating with builders
- Litigation
By seeking legal advice early on, you can increase your chances of a successful outcome.
We have a proven track record of helping clients deal with construction law. We will guide you diligently and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting. You can read more about the range of construction law services we offer by clicking here: https://blackstonesolicitorsltd.co.uk/construction-solicitors/
How to Contact Our Construction Solicitors
It is important for you to be well informed about the issues and possible implications of a construction law case. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Construction solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. 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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