Our client, began a significant home renovation project, hiring a construction company to carry out the work. The project included an extension, new roofing, and extensive interior remodelling. However, midway through the project, our client noticed several issues with the quality of the work, including poor installations, and defective works. Dissatisfied with the construction standards and concerned about the potential long-term impact, our client halted the project and sought our legal assistance.
During our initial consultation, we discussed the specific issues that had been observed, reviewed the construction contract, and assessed the communication between our client and the construction company to ascertain all the details. Our initial review indicated potential breaches of contract and substandard workmanship.
Following on, we drafted a Letter before Claim, which was sent to the construction company outlining the breaches of contract and defective works that they had performed by enclosing photographs. Our client had also obtained a quote for the works to be rectified which helped quantify the value of the claim. The construction company returned disputing that the works were defective and argued that they should be given another opportunity to rectify the works. Our client denied this request.
To understand the claim and get a thorough understand of the defects, it was proposed to the construction company that an independent joint expert was to be instructed to provide a report on the works completed to date. We engaged a certified building surveyor with experience in construction disputes to provide a CPR compliant report. The findings of the report would assist in determining the correct position.
The expert report ruled in favour of our client and confirmed that the construction company had been completing works incorrectly. The findings of the report required the construction company to reimburse our client for the remedial works. They agreed to enter into a settlement agreement which meant Court proceedings were not necessary.
This case exemplifies the importance of expert intervention in resolving construction disputes. By obtaining a comprehensive expert report, we were able to substantiate our client’s claims and negotiate a fair resolution without resorting to litigation.
Case Study Lead – Ryan Ahmad – Dispute Resolution Solicitor
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