We are here to help you when the building work you have commissioned is not up to standard.
When employing a building contractor it is common to rely upon their advice, expertise and to expect them to be professional, use the appropriate materials and carry out only the necessary works in accordance with local planning law and Building Regulations. Sadly, it is a stark reality that this is not always the case and there are occasions where builders do not complete the work to the standard required.
Contractors are required to carry out their work with the same level of skill and care as any other professional. Often the work being carried out is regulated and must meet a national standard e.g. gas safety or electrical safety. Failure to meet the required professional standard can cause those instructing the contractor to suffer direct financial loss. In those circumstances whereby works have not been carried out appropriately and you have suffered a loss, you may have a professional negligence claim.
We commonly find our clients’ complaints are comprised of one or more of the following failures of their contractors:
- to complete the work with reasonable care and skill
- to use the appropriate materials for the task or used them in the wrong way
- to follow the plans laid out by the architect or engineer correctly
- to adhere to Building Regulations
- to finish the project within a reasonable amount of time
- to carry out the project at a reasonable cost or within the budget specified
Whether you have completed home or business renovations, repairs or built a new home or office, if you have had work carried out by a building contractor and they have failed to provide or complete the work to a professional standard, which has caused damage and financial loss to you or your property, you may have a claim.
Building contractors have a duty of care to their client. If your builder has made a mistake, used the incorrect material, caused significant delays to the completion of your project or carried out work that does not meet the required building regulations, you may have a professional negligence claim.
It is common to find contractors under financial and time pressure to complete jobs which can cause them to cut corners and use unqualified or cheaper labour workers. It is common in this scenario that our clients find below standard work, poor materials have been used and the finished work doesn’t meet the required building regulation standard. As a result our client’s can suffer financial loss for rectifying or re-doing the work and damage caused to their property.
When employing a contractor large payments are often paid in advance for the labour and material costs. This can place clients in a difficult position when something goes wrong, whether it is unreasonable delays to the work or unsatisfactory work, unplanned costs arise for rectifying or completing the inadequate work. We have also had experience in dealing with clients who have paid contractors upfront for work that they do not go on to complete.
Often defective work is not immediately apparent and you may not discover the problem until after a few years have passed when it comes evident e.g. unexplained cracking occurs or when a potential buyer’s surveyor attends to do the report and discovers something you were unaware of.
There are time limits on bringing a negligence claim against contractors. With this in mind, if you are considering suing a building contractor for professional negligence you should be aware that the limitation is 6 years from the date of the event constituting negligence (i.e. when they carried out the works), or 3 years from the date you first realised negligence occurred (i.e. when you notice cracking on the wall) in which to make a claim.
We therefore suggest you seek advice promptly if you are concerned by any work that has been carried out to your property, to avoid being prevented from bringing a claim.
Funding a Claim for Professional Negligence
Having represented clients in Professional Negligence claims for over 100 years, we have an array of funding options available. These include:
- Conditional Fee Agreements (No win, No Fee)
- Damages Based Agreements
- Third Party Funding
- Hybrid Conditional Fee Agreements (Part paid, part CFA)
- Traditional Funding
We will advise you which option is the most appropriate for you in the circumstances.