Five FAQs about construction contracts

 

Should I always get a written contract from my builder?

Yes, as a contract will give you documentary evidence of the work agreed, the timetable, and the cost. If you were to enter in to a dispute with your builder, your solicitor can then use the contact as the basis of your case.

How can I be sure that the builder that I use has the required skills?

All builders who have a good reputation will most likely also be members of the National Federation of Builders. The law doesn’t require this, but you can check the credentials of any builder who says they have a valid membership. If you subsequently have to sue your builder, their lack of professional membership could form part of your case.

Are there any special legal requirements that should be in my construction contract?

The contract you have with your builder should include any special clauses or directives. Good examples include if you are having work done on a listed building or if you have a set timetable that must be met. Your solicitor can ensure that these clauses are included in your contact.

In addition, many construction contracts, especially for commercial construction projects, include an arbitration clause. This clause means that if a dispute arises, the parties have agreed to have it resolved through arbitration and not litigation in the courts.

Can I sue my builder for misunderstanding my requirements?

Your contract with your builder should include a clearly defined job of works. As long as you can show that your instructions were clear, your solicitor should be able to develop a case against your builder. Consult with a solicitor about your circumstances before you take any legal action.

How can a solicitor help with construction contracts?

Anyone who is having work carried out on their home or other property should have this work clearly defined in a contract. A solicitor can draw up this contract for you. In the event of any dispute, you can refer back to your contract and also use this as the basis for any legal action you may want to take against your builder or contractor. A solicitor can provide legal advice and representation in the event of a dispute.

If you would like to obtain legal advice on construction contracts, Caven can put you in touch with a local contract solicitor free of charge. So, if you have any questions or would like our help in finding local contract solicitors please call us on 08001 221 2299 or complete the web-form above.

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