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subject: How To Avoid Building Disputes [print this page]


How To Avoid Building Disputes
How To Avoid Building Disputes

Building disputes are very stressful can often be very upsetting, it is no wonder why most people are so happy to see the back of a builder as soon as possible. But if a builder has left work at a standard that is unreasonable or has not finished then this can cause a great deal of problems. To decrease the chances of any possible dispute, it is wise to make clear as soon as possible what you would like to have done and what exactly the builder would like out of it. Builders are notorious for suddenly becoming incompetent in communicating with you until work has already commenced. For this reason it is extremely important that negotiation is not left when work has started as some are not too reasonable.

The most common type of building disputes are often caused by a difference of opinion, as to what was verbally said and what was actually meant. Things can be start to become confusing if an agreement is not made in clear unambiguous language, clearing stating the terms of work and both parties sign the contract. It is unwise to enter into a working relationship by relying completely on their goodwill and word of mouth.

However, if a contract is amended later on to include work that needs to be done which is extra, this can then lead to complications and has the potential to confuse parties. It is advised to try and avoid adding any further work after the contract has been signed by both parties to avoid any uncertainty. If an amendment cannot be avoided then it is wise to ask them to confirm the variation in the contract in writing, describing exactly what needs to be done and the extra cost involved. This way there is no uncertainty as a well drafted contract can be the key to avoiding any misunderstanding which can result more often than not, from builders disappearing, leaving the work unfinished. A contract may also lay out timetables as to payments and progress that is wanted to guide both parties. Some contracts will state alternative dispute resolution, if there is a dispute that needs to be resolved, court action will not be necessary. However, it is always wise to contact a solicitor to look over any contract that you may wish to enter just to make sure that all lose ends are covered.

If a dispute does start, the first thing to do is reclaim the building the defendant was working on. The next step would be to employ a surveyor to take an account of the situation that has occurred to give their opinion in relation to the dispute.




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