Construction disputes often revolve around claims that building work fails to meet contract specifications, statutory standards or fit-for-purpose requirements.
If your contractors have completed a job, but the building is not fit for purpose, it could be grounds to take them to court.
What classes as a construction defect?
What is considered to be a construction defect has a wide interpretation, which can leave room for interpretation, as whether something is “defective” will depend on the circumstances and the terms of the contract.
Defects often involve work that falls short of the requirements or specifications set out in the contract.
They may relate to materials, design or workmanship, and can affect areas such as structural integrity, roofing or electrical systems amongst others.
Poor workmanship alone does not always mean work is legally defective. Equally, work may still be defective even if it was carried out with care and skill, if it fails to meet an agreed specification or required standard.
Defects typically fall into two categories:
- Patent defects – These are faults that can be discovered under reasonable inspection by a skilled party such as an architect or engineer. These faults include cracks in walls, tiles or ceilings, uneven sunken or bowing floors and ceilings, improper instillations, damaged or missing items and misaligned or faulty windows and doors.
- Latent defects – These are hidden faults that are not detectable on reasonable inspection, which may lead to issues years down the line. Latent defects may include things like structural weakness in foundations, defective waterproofing or insulation, hidden corrosion in steelwork and poorly installed pipework in walls.
Patent defects tend to be easier to fix as they tend become apparent during the snagging phase or within the liability period.
The dispute process
Most contracts will include a defect liability period, this is typically six to 24 months post-completion, during which the contractor has the obligation to return to the site to fix any defects at their own cost.
However, the Employer often does not have to allow them to do so and could get alternative contractors to rectify, but doing so may cause issues in terms of the recoverability of the cost of rectifying.
If the contractor fails to rectify the defects, the employer has the right to hire a third-party contractor to do the work for them.
If this ends up being the case, the employer can subtract the cost, or claim the difference from the original contractor.
If issues remain unresolved, all parties involved should follow the Pre-action Protocol for Construction and Engineering Disputes and exchange evidence in attempt of a resolution before escalating to litigation.
What are the legal options?
When pursuing a formal dispute, claimants tend to base their cases on three key features.
Firstly, breach of contract. If the contractor has failed to build a structurally sound and habitable home, it is a breach of contract.
The claimant can sue for the costs required to put the property into the condition that it should have been in had the contract been fulfilled.
Should the work be completed in an unsafe or non-structurally sound way, you may be able to sue for negligence.
You can claim tortious liability for any unsafe work or design failures that cause damage or threaten structural liability.
In England and Wales, claimants can also rely on laws like the Defective Premises Act 1972 or the Building Safety Act 2022 for dwellings that are deemed unfit for habitation.
How we can help
Pursuing a claim for a defect dispute can often be long and difficult, that’s why we are here to help.
Our talented team of solicitors can review your contracts, advise on legal rights and manage litigation to settle disputes as quickly and cost-effectively as possible.
Get in touch today for advice on construction disputes.