Building disputes
If you've engaged a contractor and it's gone wrong, or perhaps you've had the "builders from hell", we know how difficult and stressful it can be.
Colaru Law Chambers can help you get things put right and recover any compensation you are due!
We have years of experience in dealing with the legal side of when building works go wrong. Whether it be sloppy workmanship, items left unfinished, builders asking for money up-front they aren't entitled to, contractors denying the terms of their contract, unforeseen "extras" amounting to thousands of pounds appearing out of nowhere or even simple negligence - we can help.
We can provide you with legal advice, follow the Pre-Action Protocol for Construction and Engineering Disputes, instruct surveyors and experts to work on your behalf and take a claim to adjudication or court if you can't negotiate a settlement.
If you are a builder or contractor, and have a dispute with your customer or a main contractor, we have a page about the services that we provide which you can find here.
Please see below for a summary of what is involved in building disputes, but if you have any queries, please do not hesitate to contact us.
What are the steps in this type of case?
1. Provide you with legal advice
What's involved?
We will review all your documents and then provide you with advice over a video conference at a time to suit you.
How long does it take?
Usually we can get this done within a week, sometimes it may be up to two weeks.
What will it cost?
The cost is a fixed fee of £480 including VAT
2. Seek to negotiate an end to the dispute
What's involved?
If appropriate we can put an offer forward to the other side, and we can help gather evidence and see if we can resolve any differences you may have.
How long does it take?
This phase usually takes a month or two. It is up to you how long we spend trying to resolve it, but if you wish to take the matter to court, the court will expect you to have made efforts to settle the case first.
What will it cost?
This is determined on a case by case basis. Some cases this may be about £600 including VAT, some may be more depending on how long it takes and what you ask us to do.
3. Engage suitable experts if needed
What's involved?
If your case is complex we may need an expert surveyor to do a report to shore up your case.
How long does it take?
Usually around 3 weeks for a surveyor to be instructed, go to inspect the work and then write a report.
What will it cost?
It is diffuclt to say as it depends on many variables, but this may be around the £500 to £1,000 mark.
4. Follow the pre-action protocol for construction and engineering disputes
What's involved?
Write a letter of claim giving the final chance to the opponent to settle the matter
How long does it take?
Around 4 weeks
What will it cost?
Again, it depends on each case, but this may be around the £1,000 mark.
5. Commence court action
What's involved?
We prepare the court documents and initiate a court case. We then represent you if the matter does not settle at a final hearing
How long does it take?
Anywhere up to 12 months depending on the case. Obviously we try to do things as quickly as possible, but delays in the court system mean it is not always possible.
What will it cost?
This depends on the nature of the case and amount outstanding, but it usually costs around £4,000 to £20,000 to bring a case to court. You would get most or all of the costs back from the other side if you win.
What to do now?
If you'd like to discuss the services we offer, and how we can help, please contact us. There's no charge for making an enquiry and the quicker you contact us, the quicker we may be able to help!
An indication of the steps involved, and the fees that we would charge if you were our client is set out on this page above. Please note that the charges listed are intended to cover the most common types of case that we see. If you came to us with an out of the ordinary case, it could be that we would not be able to act for your for the fees set out above. However, we would discuss this with you first, and you would have the opportunity to decide whether you wished to go ahead or not. Fees set out above are not fixed price quotes. They include VAT but any fees that are charges by third parties (such as the court) are subject to change, and the amount you need to pay is the whatever they charge when you instruct us to proceed.
In some cases and in some situations a court may order you to pay costs to the "other side" in a case. Usually (but not always) this happens if you "lose" your case and the other side "wins", or sometimes if a settlement offer is made it can happen if you don't take the settlement but a judge later thinks you should have done. These costs would be broadly similar to the costs you incur, but are often higher as our costs tend to be lower as we work more efficiently for you and aim to keep our costs low. They are not included in the breakdowns above.
Whilst we're happy to talk through what we can do to help, we won't be able to give legal advice until you formally become our client and you have signed the Client Care Pack we will send to you.
We can offer help in a number of different way, whether that's from just providing you with written advice, helping with one step or stage of your case, or handling the whole case for you from start to finish. We will help in whatever way best suits you!