What Happens If Builder Breaches Contract?

Building work can be exciting, transforming your living space or even adding that dream extension. But what happens when things go wrong with your builder, and you suspect they’ve breached the contract? Here at Blackstone Solicitors, we understand the frustration and worry this can cause.

This article aims to be your guide through this situation. We’ll explain what constitutes a breach of contract, the steps you can take to address it, and the potential solutions available. Remember, this is for general information purposes only, and for specific legal advice tailored to your situation, contacting Blackstone Solicitors is always recommended.

Free Initial Telephone Discussion

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 building disputes, 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.

What is a Breach of Contract?

A building contract sets out the agreed terms between you and the builder. It details the work to be carried out, the materials used, the timeframe, and the cost. A breach of contract occurs when the builder fails to fulfil these obligations, impacting the project’s progress or final outcome.

Here are some common examples of breaches:

• Substandard Workmanship: This could include faulty installations, poor quality materials, or work not completed to a professional standard as outlined in the contract.
• Delays: If the project falls significantly behind schedule without a valid reason outlined in the contract, it could be considered a breach.
• Going Over Budget: Unless variations to the original plan are agreed upon in writing with a cost adjustment, exceeding the budget significantly could be considered a breach.
• Failure to obtain necessary permits or certifications.
• Walking off the job: The builder abandoning the project before completion is a clear breach.

It’s important to distinguish between minor snags, which are common at the end of a build, and a material breach that significantly impacts the project.

What Should I Do If I Think There’s Been a Breach?

1. Review Your Contract: The first step is to get your copy of the building contract and carefully review its terms. This will help you identify the specific obligations your builder has failed to meet.
2. Gather Evidence: Document everything! Take pictures and videos of any substandard work, keep copies of emails and communications with the builder, and retain receipts for any additional expenses caused by the breach.
3. Try to Resolve the Issue Amicably: Open communication is key. Contact your builder directly, outlining the specific issues and requesting they rectify them according to the contract.

Here’s a Top Tip: Keep all communication in writing, whether email or recorded phone calls. This creates a clear record of your attempts to resolve the issue.

1. Seek Professional Help: If communication breaks down or the builder refuses to address the issues, consider seeking advice from a solicitor specialising in construction law. They can assess your situation, advise on the best course of action, and help you navigate the legal process.

What Options Do I Have if We Can’t Resolve the Issue Amicably?

If attempts to resolve the matter directly with the builder fail, legal options may be necessary. Here are some potential solutions:

• Withholding Payment: In some circumstances, you may be able to withhold a portion of the payment until the builder rectifies the breach. However, legal advice is crucial here, as withholding payment without justification could breach your contract too.
• Mediation: Mediation is a structured negotiation process with a neutral third party facilitating communication and potentially brokering a mutually agreeable solution.
• Arbitration: Similar to mediation, but with a binding decision made by an arbitrator if an agreement can’t be reached. The process is generally faster and less expensive than going to court, but the arbitrator’s decision is final.
• Court Action: This is the last resort, and legal advice is essential before pursuing this route. The court can order the builder to rectify the breach, award compensation for any financial loss you’ve incurred, or even terminate the contract. Court action can be lengthy and expensive, so exploring alternative solutions should be considered first.

How Can Blackstone Solicitors Help?

At Blackstone Solicitors, we have a team of experienced construction law specialists who can guide you through every step of the process. We can:

• Review your building contract and advise you on whether a breach has occurred.
• Help you gather and organise evidence to support your case.
• Assist you in communicating effectively with the builder.
• Negotiate on your behalf to try and reach a satisfactory resolution.
• Represent you in mediation, arbitration, or court proceedings if necessary.

We understand the stress and disruption a building project dispute can cause. Our aim is to help you achieve a positive outcome as efficiently and cost-effectively as possible.

How we can help

We have a proven track record of helping clients deal with building contract claims. 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 building contract claim. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Corporate 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.

Authored by Ben Posted in Blog, News Tagged as

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